97-66

Procurement Notice

October 23, 2001

MISCELLANEOUS ADMINISTRATIVE REVISIONS

BACKGROUND:FAC 97-20 amended various FAR subparts
and clauses to implement sections 501(c), 502(a)(2), and 604(d) of the Veterans
Entrepreneurship and Small Business Development Act of 1999, which established
new assistance programs for veterans and service-disabled veterans who own and
operate small businesses.FAC 97-22
amended FAR Subpart 32.4 to change certain terminology (e.g., change the word
“bank” to “financial institution”), and updated references in FARSubpart 42.2 to the Defense Contract Management Agency.FAC 97-26 designated Federal Business
Opportunities (“FedBizOpps”) as the Governmentwide Point of Entry (GPE).The GPE provides a single point of universal
electronic public access to Governmentwide procurement opportunities.This PN makes changes to NFS Parts 1804,
1815, 1816, 1819, 1832, 1842, and 1844, necessary to conform to the changes in
FAC’s 97-20, 97-22 and 97-26.

Miscellaneous changes dealing with NASA internal and
administrative matters included in this PN are:

(b)A new paragraph (c) is added to section 1817.503 to clarify
the authority to approve D&Fs under the Economy Act where the servicing
agency is not subject to the FAR;

(c)Update of responsible offices and terminology used for
restrictions on printing and duplicating (Part 1808 and the clause at
1852.208-81); and

(d)Update of section 1804.570-2 to indicate that EPS will
automatically transmit synopses to the GPE.The update retains the exemption for posting of construction and other
large drawings at 1804.570-2(c)(2).

This PN also makes amendments to the NFS to:update url citations, office codes, and
document references; remove references to obsolete mil-standards; and make
editorial corrections to definition titles and misspellings.

ACTION REQUIRED BY CONTRACTING OFFICERS:All solicitations issued afterOctober 23, 2001, must include the revised
clause 1852.204-74.Solicitations
issued after October 23, 2001, which require the use of either 1852.208-81, Alt
I to 1852.223-73, or 1852.243-70 must use the revised clause.Solicitations issued before October 23,
2001, may be amended to include the revised clauses if including it would not
unduly delay the acquisition.

(a) "Contract
effective date" means the date agreed upon by the parties for
beginning the period of performance under the contract.In no case shall the effective date precede
the date on which the contracting officer or designated higher approval
authority signs the document.

(b) Costs incurred before the contract
effective date are unallowable unless they qualify as precontract costs (see
FAR 31.205-32) and the clause prescribed at 1831.205-70 is used.

Subpart 1804.2--Contract Distribution

1804.202 Agency distribution requirements.

In addition to the requirements in FAR
4.201, the contracting officer shall distribute one copy of each R&D
contract, including the Statement of Work, to the NASA Center for AeroSpace
Information (CASI), Attention:Document
Processing Section, 7121 Standard Drive, Hanover, MD21076-1320.

1804.203 Taxpayer
identification information.

Instead of using
the last page of the contract to provide the information listed in FAR 4.203,
NASA installations may allow contracting officers to use a different
distribution method, such as annotating the cover page of the payment office
copy of the contract.

The contracting officer shall insert the
clause at 1852.204-75, Security Classification Requirements, in solicitations
and contracts if work to be performed will require security clearances.This clause may be modified to add
instructions for obtaining security clearances and access to security areas
that are applicable to the particular acquisition and installation.

(a) NASA policies and
procedures on security for automated information technology are prescribed in
NPD 2810.1, Security of Information Technology, and in NPG 2810.1, Security of
Information Technology.The provision
of information technology (IT) security in accordance with these policies and
procedures, is required in all contracts that include IT resources or services
in which a contractor must have physical or electronic access to NASA's
sensitive information contained in unclassified systems that directly support
the mission of the Agency. This includes information technology, hardware,
software, and the management, operation, maintenance, programming, and system
administration of computer systems, networks, and telecommunications systems.
Examples of tasks that require security provisions include:

(1)Computer control of spacecraft, satellites,
or aircraft or their payloads;

(2)Acquisition, transmission or analysis of
data owned by NASA with significant replacement costs should the contractor’s
copy be corrupted; and

(3)Access to NASA networks or computers at a
level beyond that granted the general public, e.g. bypassing a firewall.

(b) The contractor
must not use or redistribute any NASA information processed, stored, or
transmitted by the contractor except as specified in the contract.

(a) The requiring
activity with the concurrence of the Center Chief Information Officer (CIO),
and the Center Information Technology (IT) Security Manager, must determine
whether an IT Security Plan for unclassified information is required.

(b)IT security plansmust demonstrate a thorough understanding of NPG 2810.1 and NPD
2810.1 and must include, as a minimum, the security measures and program
safeguards planned to ensure that the information technology resources acquired
and used by contractor and subcontractor personnel --

(5)Document and follow a virus protection
program for all IT resources under its control; and

(6)Document and follow a network intrusion
detection and prevention program for all IT resources under its control.

(c) The contractor
must be required to develop and maintain an IT System Security Plan, in
accordance with NPG 2810.1, for systems for which the contractor has primary
operational responsibility on behalf of NASA.

(d) The contracting
officer must obtain the concurrence of the Center Chief of Security before
granting any contractor requests for waiver of the screening requirement
contained in the clause at 1852.204-76.

1804.470-4 Contract
clauses.

The contracting officer must insert a clause
substantially the same as the clause at
1852.204-76, Security Requirements for Unclassified Information Technology
Resources, in solicitations and contracts which require submission of an IT
Security Plan.

Subpart
1804.5--Electronic Commerce in Contracting

1804.570 NASA Acquisition Internet Service (NAIS).

1804.570-1 General.

The NASA Acquisition Internet
Service (NAIS) provides an electronic means for posting procurement synopses,
solicitations, and associated information on the NAIS Internet site which in
turn, automatically posts relevant information onto the Governmentwide point of
entry (GPE).

(1)Electronically create and post synopses on
the NAIS Internet site and the GPE; and

(2)Post solicitation documents, including
solicitation amendments or cancellations, and other procurement information on
the NAIS Internet site with linked references on the GPE.

(b)The EPS maintains an
on-line index linking the posted synopses and solicitations for viewing and downloading.

(c)The EPS shall be used
to --

(1)Create and post
all synopses in accordance with FAR Part 5 and NFS 1805; and

(2)Post all
competitive solicitation files, excluding large construction and other
drawings, for acquisitions exceeding $25,000.

(d)The NAIS is the
official site for solicitation postings which in turn, automatically posts
relevant information onto the Government-wide point of entry (GPE).In the event supporting materials, such as
program libraries, cannot be reasonably accommodated by the NAIS, Internet
sites external to NAIS may be established after coordination with the
contracting officer.Such sites must be
linked from the NAIS business opportunities index where the solicitation
resides.External sites should not duplicate
any of the files residing on the NAIS.

Subpart 1804.6--Contract Reporting

1804.601 Record requirements.

The
Headquarters Office of Procurement (Code HS) is responsible for meeting the
requirements of FAR 4.601, based on installation submission of Individual
Procurement Action Reports (NASA Form 507 series) data.

1804.602
Federal Procurement Data System.

(d)
Code HS is responsible for requesting, obtaining, and reporting Contractor
Establishment Codes to the FPDS.

1804.670 Individual
Procurement Action Report (NASA Form 507 series).

The
Individual Procurement Action Report and Supplements (NASA Form 507 series)
provide essential procurement records and statistics through a single uniform
reporting program as a basis for required recurring and special reports to
Congress, Federal Procurement Data Center, and other Federal agencies.The preparation and utilization of the NASA
Form 507 series are integral parts of the agencywide Financial and Contractual
Status (FACS) system.

1804.670-1 Applicability
and coverage.

The
following procurement actions are individually reportable and require the
completion of one or more of the forms in the 507 series.

(3)
Intragovernmental procurements and purchase orders when the initial value is
more than $25,000.

(4)
All purchase orders for advisory and assistance services.

(5)
Purchase orders of $25,000 or less for services within the four designated
industry groups identified at FAR 19.1005(a) under the Small Business
Competitiveness Demonstration Program.(These actions are not FACS reportable, but are required for FPDS
reports.)

The
FACS report shall have information as of the last day of the month and shall
arrive in NASA Headquarters not later than the close of business on the fifth work
day following each month being reported.The installation procurement officer should establish an agreement with
the installation financial officer on a cut-off date for processing contractual
documents to ensure that the FACS procurement submission and the FACS financial
submission for the month include the same contracts.

NASA
Form 1356, C.A.S.E. Report on College and University Projects, shall be prepared
for awards to nonprofit institutions of higher education or to nonprofit
institutions that are operationally affiliated or integrated with an
educational institution.Information on
this form is used to produce reports required by the National Science Foundation
and to respond to inquiries. Submission is required regardless of instrument
type (contract, grant, cooperative agreement, or funded Space Act agreement)
and type of proposal (solicited or unsolicited).Instructions appear on the form itself and constitute the
detailed guidance for preparation and submission.The form, which is either included with the acquisition package
or initiated by the contracting office, shall be completed, reviewed, and
promptly forwarded upon award to the Headquarters Office of Human Resources and
Education (Code FE).

Subpart 1804.8--Government
Contract Files

1804.802-70
Handling of classified material.

When a
contract is unclassified, classified material relating to that contract shall
be maintained in a separate file folder and container, and the unclassified
folder shall be marked to indicate the location of the classified
material.The front and back of each
folder containing classified material shall be marked with the highest
classification assigned to any document in the folder.

1804.803
Contents of contract files.

1804.803-70 Checklist.

NASA Form 1098, Checklist for Contract Award
File Content, shall be used as the "top page" in contract files.

1804.804 Closeout of contract files.

1804.804-2 Closeout of the contracting
office files if another office administers the contract.

(b) Upon receivingthe NASA Form 1611 or DD Form 1594, Contract Completion
Statement, from the contract administration office and complying with FAR
4.804-2(b), the contracting officer shall complete the form.

(b) To comply with FAR 4.804-5(b), the
contracting officer must complete NASA Form 1611 or DD Form 1594, Contract Completion
Statement, except for acquisitions under the simplified acquisition threshold.

1804.805 Storage, handling, and
disposal of contract files.

(a) See NPG 1441.1C, Records Retention
Schedules.

1804.805-70 Review, separation, and retirement
of contract files.

(a) Upon determination of contract
completion under the procedures outlined in 1804.804, each office shall remove
the official contract files from the active file series, mark each file folder
with "Completed (Date)", and place the folder in a completed
(inactive) contract file series.Separate series should be established for contracts of $25,000 or less
and for contracts of more than $25,000, to facilitate later disposal.Any original or official file copies of
documents contained in duplicate or "working" contract files shall be
removed and placed in the appropriate official file; any remaining material in
the duplicate or "working" file shall be destroyed immediately or
segregated and marked for early disposal.

(b) Each office shall review contractor
"general" files (i.e., a file containing documents relating generally
to a contractor rather than a specific contract) at least once annually and
remove documents that --

(1) Are obsolete or superseded documents
relating generally to the contractor (e.g., documents no longer pertinent to
any aspect of a contractor's current or future capability, performance, or
programs, and documents relating to a contractor that is no longer a possible
source of supplies, services, or technical assistance) and dispose of the
documents as authorized in 1804.805; or

(2) Pertain only to completed
contracts.Place those files that are
not routine in nature in inactive files for later disposal, and immediately
dispose of routine documents as authorized in NPG 1441.1C, Records Retention
Schedules.

Subpart 1804.9--Taxpayer Identification Number Information

1804.904Reporting payment information to the IRS.

Each NASA
installation, that has its own employer identification number, may elect to
report to the IRS payments under purchase orders and contracts for merchandise
and other exempt bills.

Subpart 1804.70--Transfer of Contracting Office Responsibility

1804.7000 Scope of subpart.

This subpart contains policies and
procedures applicable to the transfer of contracts between NASA installations.

1804.7001 Definition.

"Transfer of a contract,"
as used in this subpart, means that process whereby a contract and all future
responsibility for a contract held by one installation are transferred or
reassigned in writing to another installation.

1804.7002 Approval of Transfer Requests.

(a) The approval authority for requests to
transfer a contract is the official in charge of the cognizant Headquarters
program office or designee.Requests
for approval shall be submitted by the director of the transferring
installation after receiving the concurrence of the director of the receiving
installation.Concurrence of the
Associate Deputy Administrator (Code AI) is also required for a transfer where
an installation's roles and missions may be affected.

(b) Approval of a program transfer by the
cognizant Headquarters official constitutes approval to transfer
program-related contracts.

1804.7003 Responsibilities of the
contracting officer of the transferring installation.

1804.7003-1 Coordinations.

The contracting officer of the transferring
installation shall take the following steps before transferring the contract:

(a) Agree on a plan and schedule with the contracting
officer of the receiving installation for transferring contract responsibility
and contract files.

(b) Coordinate with the following offices:

(1) Financial Management Office, to
determine the contract financial records to be transferred and the method,
timing, and dollar amount of such transfers.

(2) Technical (Engineering and Project)
Office, to determine the status of any outstanding engineering changes.

(4) Industrial Property and Facilities
Office, to determine the method of transferring the Government property
records.

(5) Transportation Office, to determine
the status of bills of lading furnished the contractor.

(6) Security Office, to determine
whether any classified material is outstanding and whether special precautions
are necessary during the transfer process.

(7) Other organizational elements, to
determine the status of any other actions such as new technology, materials
reports, PERT, and safety.

1804.7003-2 File inventory.

The contracting officer of the transferring
installation shall prepare an inventory of the contract file.This inventory shall also include a separate
listing of all outstanding requests for contract administration assistance
issued to other Government agencies, indicating the name and address of the
agency office, functions requested to be performed, estimated cost of the services,
and estimated reimbursement due the administration agency for the services yet
to be performed for each requested function. Copies of this inventory shall be
provided to the contracting officer of the receiving installation.

1804.7003-3 Notifications.

The contracting officer of the transferring
installation shall provide written notification of the planned transfer to the
contractor and all agencies performing or requested to perform administration
services.

1804.7003-4 Transfer.

(a) Upon completion of the actions described
in 1804.7003-1 through 1804.7003-3, the contracting officer of the transferring
installation shall issue a letter to the contractor, agencies performing
contract administration functions, contracting officer representatives, and the
contracting officer of the receiving installation.This letter shall provide notification of the

transfer
date, termination of appointment of the contracting officer's representatives,
and the name, mailing address, and telephone number of the contracting officer
of the receiving installation.

(b) After issuing the letters described in
1804.7003-4(a), the contracting officer of the transferring installation shall
send the contract file to the contracting officer of the receiving installation
with a letter transferring contract responsibility.This letter shall contain a provision for acceptance of the
responsibility for the contract and its related files by the contracting
officer of the receiving installation.

1804.7003-5 Retention documentation.

The contracting officer of the transferring
installation shall retain for permanent file a copy of the approvals and
concurrences required by 1804.7002, the transfer acceptance letter of the
contracting officer of the receiving installation, and any additional documents
necessary for a complete summary of the transfer action.

1804.7004 Responsibilities of the
contracting officer of the receiving installation.

1804.7004-1 Pre-transfer file review.

The contracting officer of the receiving
installation shall review the contract, letters of request, actions in process,
and other related files and to request corrective action, if necessary, before
the official transfer of the contract.This review may be waived by written notification to the contracting
officer of the transferring installation.

1804.7004-2 Post-transfer actions.

The contracting officer of the receiving
installation shall--

(a) Provide the contracting officer of the
transferring installation written acceptance of contract responsibility and
receipt of the contract files;

(b) Inform all offices affected within the
installation of the receipt of the contract;

(d) Issue a contract modification to provide
for the administrative changes resulting from the transfer action (e.g.,
identifying offices responsible for performing contract administration and
making payment and the office to which vouchers, reports, and data are to be
submitted);

(e) Provide copies of the contract documents
to affected installation offices; and

(f) If appropriate, supplement the letter of
request to the Government agency providing contract administration services to
reflect the changes resulting from the transfer action.The supplement may terminate or amend an
existing contract administration support arrangement or may request support in
additional areas.

Subpart 1804.71--Uniform Acquisition Instrument Identification

1804.7100 Scope of subpart.

This subpart contains the procedures for
uniform numbering of NASA solicitations, contracts (including letter
contracts), purchase orders (including requests to other Government agencies),
basic ordering agreements, other agreements between the parties involving the
payment of appropriated funds or collection of funds for credit to the Treasury
of the United States, and modifications or supplements to these instruments.

1804.7101 Policy.

(a) Contractual documents shall be numbered
with approved prefixes and serial numbers as prescribed in this subpart. If
other identification is required for center purposes, it shall be placed on the
document in such a location as to clearly separate it from the identification
number.

(b) The identification number shall consist
of not more than 11 alpha-numeric characters positioned as prescribed in this
subpart and shall be retained unchanged for the life of the particular
instrument.

(4) Other written agreements involving
payment or receipt of funds not covered by 1804.7102(e).

(c) Contracts totally funded under
reimbursable arrangements with the Department of Energy shall use a DEN prefix
instead of the NAS prefix (e.g., DEN 8 for Marshall).

(d) Space Act agreements awarded under the
authority of Section 203(c)(5) or 203(c)(6) of the Space Act shall use an NCA
prefix instead of the NAS prefix (e.g., NCA 8 for Marshall).

(e) The purchase order prefix shall be used
for purchase orders (including blanket purchase agreements) and requests to
other Government agencies to furnish supplies or services.

(f) Solicitations shall be numbered in
accordance with installation procedures, except that in all cases the
identifying number shall begin with the portion of the installation's contract
prefix following “NAS.”

(g) If a prefix is required for an
installation or office not listed in this subsection, a request for a prefix
assignment shall be submitted to the Headquarters Office of Procurement (Code
HS).

1804.7103 Serial numbers.

(a) Installations shall number contracts and
agreements identified in 1804.7102(b) serially by fiscal year.The serial number shall be five digits
beginning with a two-digit fiscal year identifier followed by a three digits
commencing with "001" and continuing in succession.For example, the first contracts awarded by
Ames Research Center in fiscal year 1997 shall be numbered NAS 2 97001 and NAS
2 97002.Fiscal year identification is
optional for Space Act agreements.

(b) Serial numbers for purchase orders shall
be assigned serially without fiscal year identification. When the series of
numbers exceeds five digits (over 99,999), a new series shall be used,
beginning the series with number "1" and followed by the capital
letter "A."Should additional
series become necessary, they will be distinguished by the capital letters
"B," "C," and so forth, as may be required, except that the
letters "I" and "O" shall not be used.

1804.7104 Modifications of contracts or
agreements.

(a) Modifications of definitive or letter
contracts or agreements shall (1) bear the same identification as the contract
or agreement being modified and (2) be numbered consecutively for each contract
or agreement, beginning with Modification Number 1, regardless of whether the
modification is accomplished by unilateral or bilateral action. Except for
termination notices, modifications shall be effected by the use of Standard
Form 30, Amendment of Solicitation/Modification of Contract.

(b) Definitive contracts superseding letter
contracts shall retain the same contract number as that originally assigned to
the letter contract.Actions
definitizing letter contracts are considered modifications and shall be
assigned modification numbers in accordance with paragraph (a) of this
subsection.

Subpart 1804.72--Review and Approval of Contractual Instruments

1804.7200 Contract review by Headquarters.

(a) Requests for approval of contracts and
supplemental agreements by the Associate Administrator for Procurement shall be
submitted to the Headquarters Office of Procurement (Code HS) in sufficient
time to allow a minimum of 15 days for review.

(b) Each request for approval shall be
accompanied by (1) five copies of the contractual document, one of which has
been executed by the contractor and contracting officer, and (2) the official
contract file containing the appropriate documentation as set forth in FAR
4.803(a). However, for the items specified in FAR 4.803(a)10, (11), and (12),
the contracting officer shall provide documentation pertaining only to the
successful offeror; and, in lieu of the items specified in FAR 4.803(a)(26)(ii)
and (iii), the contracting officer shall provide an index briefly describing
the content of all previous modifications.

(c) The approval required under this section
shall be made by signature of the Associate Administrator for Procurement on
the contract/supplemental agreement.

Subpart 1804.73--Procurement Requests

1804.7301 General.

(a) Except in unusual circumstances, the
contracting office shall not issue solicitations until an approved procurement
request (PR), containing a certification that funds are available, has been
received. However, the contracting office may take all necessary actions up to
the point of contract obligation before receipt of the PR certifying that funds
are available when -

(1) Such
action is necessary to meet critical program schedules;

(2) Program
authority has been issued and funds to cover the acquisition will be available
prior to the date set for contract award or contract modification;

(3) The
procurement officer authorizes such action in writing before solicitation
issuance; and

(4) The
solicitation includes the clause at FAR 52.232-18, Availability of Funds. The
clause shall be deleted from the resultant contract.

(b) The contracting office shall not
issue either a draft or final solicitation until a PR, either planning or
final, has been received that contains an NPG 7120.5 certification.That certification must be made by the
project or program office that initiated the PR, or the PR approval authority
when there is no project or program office.The certification must state that either -

(1) The
requested action is not in support of programs and projects subject to the
requirements of NPG 7120.5, or

(2) The
requested action is in support of programs and projects subject to the
requirements of NPG 7120.5, and -

(i) All
NPG 7120.5 required documentation is current and has been approved; or

(ii) Authority to proceed without the required documentation
has been granted by the Chair of the Governing Program Management Council or
designee.

Prospective
contractors must be registered in the CCR database, prior to any award of a
contract, purchase order, basic agreement, basic ordering agreement, or blanket
purchase agreement after March 31, 2001. This policy applies to all types of
awards except the

following:

(a)Purchases made with a Government-wide
commercial purchase card.

(b)Awards made to foreign vendors for work
performed outside of the United States.

(c)Purchases under FAR 6.302-2, Unusual and
Compelling Urgency.

1804.7403Procedures.

(a)(1) The
contracting officer must verify that the prospective awardee is registered in
the CCR database using either the Cage Code, DUNS number or, if applicable, the
DUNS+4 number, via the Internet at http://www.ccr2000.com or by calling toll
free: 888-CCR-2423 (888-227-2423), commercial: 616-961-5757.

(2)
Verification of registration is not required for orders or calls placed under
contracts, basic agreements, basic ordering agreements, or blanket purchase
agreements in which vendor registration was verified at the time of award of
the contract or agreement.

(b)If the contracting officer determines that a
prospective awardee is not registered in the CCR database after March 31, 2001,
the contracting officer must--

(1) If
delaying the acquisition would not be to the detriment of the Government,
proceed to award after the contractor is registered;

(2) If
delaying the acquisition would be to the detriment of the Government, proceed
to award to the next otherwise successful registered offeror, with the written approval
of the Procurement Officer; or

(3)If the offer results from an invitation for
bids, determine the offer to be non-responsive and proceed to award to the next
otherwise successful registered offeror.

Except as provided
in 1804.7402, the contracting officer must use the clause at 1852.204-74,
Central Contractor Registration, in all solicitations and contracts, including
those for commercial items.

(c) Plans shall be prepared in accordance
with 1807.7103 and shall identify the individual acquisition documents involved
for every acquisition listed.Acquisition documents that may require Headquarters approval will be
held in abeyance until receipt of the notification required by
1807.7102-3.This is not to preclude
the planning for or initiation of such documents up to that point where Headquarters
approval may be required.

1807.7102-2 Submission of amendments
tothe Master Buy Plan.

(a) Acquisitions identified by installations
after submission of their Master Buy Plan and meeting the criteria in
1807.7102-1(a) shall be submitted to Headquarters in accordance with 1807.7103
and identified as an amendment to the fiscal year Master Buy Plan
submission.

(b) Master Buy Plan submissions should not
be accomplished after the fact.Amendments shall be submitted sufficiently in advance of contract award
date to allow Headquarters to select those acquisition documents that will be
subject to Headquarters review and approval without creating an unacceptable
delay in contract placement.

(c) When timely submittal is not possible,
the installation shall provide with the amendment a narrative explaining the
circumstances leading to the late submittal.A Master Buy Plan submission for a contract change order expected to
meet the criteria in 1807.7101 shall be submitted to Headquarters immediately upon
issuance of the change order.

(b) When, subsequent to document selection
or delegation, an acquisition is changed (for example, increase or decrease in
dollar amount, change in requirement), canceled, superseded, deferred, or
becomes no longer subject to the Master Buy Plan procedures in accordance with
the criteria in 1807.7101, the installation shall immediately notify Code HS,
giving the reasons.Code HS shall
notify the installation's procurement office in writing of any further action
that may be required.

(c) Acquisition documents not selected for
Headquarters review will be subject to after-the-fact reviews by Headquarters
during normal procurement management surveys or other special reviews.Acquisition delegations may subsequently be
rescinded if a Headquarters review is deemed appropriate.

1807.7103 Format of
Master Buy Plan.

In accordance with the requirements of
1807.7102-1 and 1807.7102-2, installations must prepare Master Buy Plans and
amendments to Master Buy Plans in accordance with the Master Buy Plan Database
(MBPD) instructions at
http://www/hq.nasa.gov/office/procurement/regs/Table1807.doc and submit them in
accordance with the MBPD User Manual Instructions listed at http://ec.msfc.nasa.gov/hq/library/mbp.User
Guide.html.

Subpart 1807.72--Acquisition Forecasting

1807.7200 Scope of subpart.

This subpart prescribes the acquisition
forecasting procedure required to comply with the Business Opportunity Development
Reform Act of 1988.

1807.7201 Definitions.

"Class of contracts" means a grouping of acquisitions,
either by dollar value or by the nature of supplies and services to be
acquired.

As required by statute, it is NASA policy to
(a) prepare an annual forecast and semiannual update of expected contract
opportunities or classes of contract opportunities for each fiscal year; (b) include
in the forecast contract opportunities that small business concerns, including
those owned and controlled by socially and economically disadvantaged
individuals, may be capable of performing; and (c) make available such
forecasts to the public.

1807.7203 Responsibilities.

(a)NASA Procurement Officers shall post the
data required by 1807.7204 directly to the NASA Acquisition Internet Service
not later than October 1 for the annual forecast and April 15 for the
semiannual update.

(1) Summary historical data (based on
information provided by the Headquarters Office of Procurement (Codes HC and
HS)) on the class of contract opportunities below the simplified acquisition
threshold;

(2) Identification of all known contract
opportunities in excess of the simplified acquisition threshold.Each such action should be identified as one
of the three broad categories of acquisition -- Research and Development,
Services, or Supplies and Equipment and shall include the following
information:

(i) A brief description not to
exceed ten typed lines;

(ii) Approximate dollar value within
the following dollar ranges:$100,000
to $1,000,000; $1,000,000 to $5,000,000; and over $5,000,000;

(iii) Anticipated time (by fiscal
year quarter) for the issuance of the solicitation;

(iv) Identification if it is reserved
for performance by small business concerns including those owned and controlled
by socially and economically disadvantaged individuals;

(v) Identification as competitive or
noncompetitive; and

(vi) Identification and telephone number
of a center point of contact.

(b) The semiannual report shall be an update
of the data provided by the annual forecast.This update should provide information on new requirements not
previously reported and on changes in data related to actions previously
identified.

(ii)
Requests for approval to contract for printing supplies or services shall be
addressed to Code AO.Approval to contract
for such supplies or services is restricted to those requirements meeting the
following conditions:

(A)
An individual order is under $1,000;

(B)
The order is not of a continuing or repetitive nature; and,

(C)
The Public Printer certifies it cannot be provided more economically through
the GPO.

1808.870 Contract clause.

The contracting officer shall insert the
clause at 1852.208-81, Restrictions on Printing and Duplicating, in
solicitations and contracts where there is a requirement for any printing,
and/or any duplicating/copying in excess of that described in paragraph (c) of
the clause.

Subpart 1808.11--Leasing of Motor Vehicles

(j) A source
selection statement shall be prepared in accordance with 1815.308.For installation selections, the
installation Chief Counsel or designee will prepare the source selection
statement.For Headquarters selections,
the Office of General Counsel or designee will prepare the statement.

Subpart 1815.4--Contract Pricing

1815.403 Obtaining
cost or pricing data.

1815.403-1 Prohibition
on obtaining cost or pricing data.

(b)(1) The adequate
price competition exception is applicable to both fixed-price and
cost-reimbursement type acquisitions.Contracting officers shall assume that all competitive acquisitions
qualify for this exception.

(c)(4) Waivers of
the requirement for submission of cost or pricing data shall be prepared in
accordance with FAR 1.704.A copy of
each waiver shall be sent to the Headquarters Office of Procurement (Code HK).

1815.403-170Waivers of cost or pricing data.

(a)NASA has waived the requirement for the
submission of cost or pricing data when

contracting with the Canadian Commercial Corporation
(CCC).This waiver applies to the CCC
and its subcontractors.The CCC will
provide assurance of the fairness and reasonableness of the proposed price. This
assurance should be relied on; however,contracting
officers shall ensure that the appropriate level of information other than cost
or pricing data is submitted by subcontractors to support any required proposal
analysis, including a technical analysis and a cost realism analysis.The CCC also will provide for follow-up
audit activity to ensure that any excess profits are found and refunded to
NASA.

(b)NASA has waived the requirement for the
submission of cost or pricing data when contracting for Small Business
Innovation Research (SBIR) program Phase II contracts.However, contracting officers shall ensure
that the appropriate level of information other than cost or pricing data is
submitted to determine price reasonableness and cost realism.

1815.403-3Requiring information other than cost or
pricing data.

(b) As indicated in
1815.403-1(b)(1), the adequate price competition exception applies to all
competitive acquisitions.For other
than firm-fixed price competitions, only the minimum information other than
cost or pricing data necessary to ensure price reasonableness and assess cost
realism should be requested.For
firm-fixed price competitions, the contracting officer shall not request any
cost information, except as required by FAR 22.1103, unless proposed prices
appear unreasonable or unrealistically low given the offeror’s proposed
approach and there are concerns that the contractor may default.

1815.403-4 Requiring
cost or pricing data.

(b)(2) If a
certificate of current cost or pricing data is made applicable as of a date
other than the date of price agreement, the agreed date should generally be
within two weeks of the date of that agreement.

1815.404 Proposal
analysis.

1815.404-2
Information to support proposal analysis.

(a)(1)(A) A field pricing report consists of
a technical report and an audit report by the cognizant contract audit
activity.Contracting officers should request
a technical report from the ACO only if NASA resources are not available.

(B) When the required participation of
the ACO or auditor involves merely a verification of information, contracting
officers should obtain this verification from the cognizant office by telephone
rather than formal request of field pricing support.

(C) When the cost proposal is for a
product of a follow-on nature, contracting officers shall ensure that the
following items, at a minimum are considered:actuals incurred under the previous contract, learning experience,
technical and production analysis, and subcontract proposal analysis.This information may be obtained through
NASA resources or the cognizant DCMA ACO or DCAA.

(D) Requests for field pricing
assistance may be made on NASA Form 1434, Letter of Request for
Pricing-Audit-Technical Evaluation Services.

1815.404-4 Profit.

(b)(1)(i)(a) The NASA structured
approach for determining profit or fee objectives, described in 1815.404-471 shall
be used to determine profit or fee objectives in the negotiation of contracts
greater than or equal to $100,000 that use cost analysis and are:

(1)Awarded on the basis of other than full and open competition (see FAR
6.3);

(2)Awarded under NASA Research Announcements (NRAs) and Announcements of
Opportunity (AO’s); or

(3)Awarded under the Small Business Innovative Research (SBIR) or the Small
Business Technology Transfer Research (STTR) programs.

(b)
The rate calculated for the basic contract may only be used on actions under a
negotiated contract when the conditions affecting profit or fee do not change.

(c)
Although specific agreement on the applied weights or values for individual
profit or fee factors shall not be attempted, the contracting officer may
encourage the contractor to –

(1) Present the
details of its proposed profit amounts in the structured

approach format
or similar structured approach; and

(2) Use the structured approach method in developing profit or
fee objectives for negotiated subcontracts.

(ii)
The use of the NASA structured approach for profit or fee is not required
for:

(a) Architect-engineer contracts;

(b)
Management contracts for operation and/or maintenance of Government facilities;

The reference to
notice of award in FAR 15.504 on negotiated acquisitions is a generic one.It relates only to the formal establishment
of a contractual document obligating both the Government and the offeror.The notice is effected by the transmittal of
a fully approved and executed definitive contract document, such as the award
portion of SF 33, SF 26, SF 1449, or SF 1447, or a letter contract when a
definitized contract instrument is not available but the urgency of the
requirement necessitates immediate performance.In this latter instance, the procedures in 1816.603 for approval
and issuance of letter contracts shall be followed.

1815.506 Postaward
debriefing of offerors.

1815.506-70
Debriefing of offerors - Major System acquisitions.

(a) When an
acquisition is conducted in accordance with the Major System acquisition
procedures in Part 1834 and multiple offerors are selected, the debriefing will
be limited in such a manner that it does not prematurely disclose innovative
concepts, designs, and approaches of the successful offerors that would result
in a transfusion of ideas.

(b) When Phase B
awards are made for alternative system design concepts, the source selection statements
shall not be released to competing offerors or the general public until the
release of the source selection statement for Phase C/D without the approval of
the Associate Administrator for Procurement (Code HS).

Subpart 1815.6--Unsolicited Proposals

1815.602 Policy.

(1) An unsolicited proposal may result
in the award of a contract, grant, cooperative agreement, or other
agreement.If a grant or cooperative
agreement is used, the NASA Grant and Cooperative Agreement Handbook (NPG 5800.1)
applies.

(2) Renewal proposals, (i.e., those for
the extension or augmentation of current contracts) are subject to the same FAR
and NFS regulations, including the requirements of the Competition in
Contracting Act, as are proposals for new contracts.

1815.604Agency points of contact.

(a) Information
titled "Guidance for the Preparation and Submission of Unsolicited
Proposals" is available on the Internet at http://ec.msfc.nasa.gov/hq/library/unSol-Prop.html.
A deviation is required for use of any modified or summarized version of the
Internet information or for alternate means of general dissemination of
unsolicited proposal information.

1815.606 Agency
procedures.

(a) NASA will not
accept for formal evaluation unsolicited proposals initially submitted to
another agency or to the Jet Propulsion Laboratory (JPL) without the offeror's
express consent.

(b)(i) NASA Headquarters and each NASA
field installation shall designate a point of contact for receiving and
coordinating the handling and evaluation of unsolicited proposals.

(ii) Each installation shall establish
procedures for handling proposals initially received by other offices within
the installation.Misdirected proposals
shall be forwarded by the point of contact to the proper installation.Points of contact are also responsible for
providing guidance to potential offerors regarding the appropriate NASA
officials to contact for general mission-related inquiries or other preproposal
discussions.

(iii) Points of contact shall keep
records of unsolicited proposals received and shall provide prompt status
information to requesters.These
records shall include, at a minimum, the number of unsolicited proposals received,
funded, and rejected during the fiscal year; the identity of the offerors; and
the office to which each was referred.The numbers shall be broken out by source (large business, small
business, university, or nonprofit institution).

1815.606-70 Relationship
of unsolicited proposals to NRAs.

An unsolicited
proposal for a new effort or a renewal, identified by an evaluating office as
being within the scope of an open NRA, shall be evaluated as a response to that
NRA (see 1835.016-71), provided that the evaluating office can either:

(a) State that the
proposal is not at a competitive disadvantage, or

(b) Give the offeror
an opportunity to amend the unsolicited proposal to ensure compliance with the
applicable NRA proposal preparation instructions.If these conditions cannot be met, the proposal must be evaluated
separately.

1815.609 Limited use
of data.

1815.609-70 Limited
use of proposals.

Unsolicited
proposals shall be evaluated outside the Government only to the extent
authorized by, and in accordance with, the procedures prescribed in,
1815.207-70.

1815.670 Foreign
proposals.

Unsolicited proposals from foreign
sources are subject to NPD 1360.2, Initiation and Development of International
Cooperation in Space and Aeronautics Programs.

Subpart 1815.70--Ombudsman

1815.7001 NASA
Ombudsman Program.

NASA's
implementation of an ombudsman program is in NPG 5101.33, Procurement Advocacy
Programs.

1815.7002 Synopses of
solicitations and contracts.

In all synopses announcing
competitive acquisitions, the contracting officer shall indicate that the
clause at 1852.215-84, Ombudsman, is applicable.This may be accomplished by referencing the clause number and
identifying the installation Ombudsman.

1815.7003Contract clause.

The contracting
officer must insert a clause substantially the same as the one at 1852.215-84,
Ombudsman, in all solicitations (including draft solicitations) and
contracts.Use the clause with its
Alternate I when a task or delivery order contract is contemplated.

PART 1816

TYPES OF
CONTRACTS

TABLE OF
CONTENTS

SUBPART1816.1SELECTING CONTRACT TYPES

1816.104Factors
in selecting contract types.

1816.104-70Contract
type of performance-based contracting (PBC).

SUBPART1816.2FIXED-PRICE CONTRACTS

1816.202Firm-fixed-price
contracts.

1816.202-70NASA
contract clause.

1816.203Fixed-price
contracts with economic price adjustment.

1816.203-4Contract
clauses.

SUBPART1816.3COST-REIMBURSEMENT CONTRACTS

1816.303-70Cost-sharing
contracts.

1816.306Cost-plus-fixed-fee
contracts.

1816.307Contract
clauses.

1816.307-70NASA
contract clauses.

SUBPART1816.4INCENTIVE CONTRACTS

1816.402Application
of pre-determined, formula-type incentives.

1816.402-2Performance
incentives.

1816.402-270NASA
technical performance incentives.

1816.404Fixed-price
contracts with award fees.

1816.405Cost-reimbursement
incentive contracts.

1816.405-2Cost-plus-award-fee
(CPAF) contracts.

1816.405-270CPAF
contracts.

1816.405-271Base
fee.

1816.405-272Award
fee evaluation periods.

1816.405-273Award
fee evaluations.

1816.405-274Award
fee evaluation factors.

1816.405-275Award
fee evaluation scoring.

1816.405-276
Award
fee payments and limitations.

1816.406Contract
clauses.

1816.406-70NASA
contract clauses.

SUBPART1816.5INDEFINITE-DELIVERY CONTRACTS

1816.504Indefinite
quantity contracts.

1816.505Ordering.

1816.505-70Task
Ordering.

1816.506-70NASA
contract clause.

SUBPART1816.6TIME-AND-MATERIALS,LABOR-HOUR, AND

LETTER CONTRACTS

1816.603Letter
contracts.

1816.603-370Approvals.

PART 1816

TYPES OF CONTRACTS

Subpart 1816.1 --
Selecting Contract Types

1816.104 Factors in selecting contract types.

1816.104-70 Contract type for
performance-based contracting (PBC).

(a) PBC is defined in FAR 2.101 and
discussed in FAR 37.6.Although FAR
Part 37 primarily addresses services contracts, PBC is not limited to these
contracts. PBC is the preferred way of contracting for all supplies and
services at NASA.Generally, when
contract performance risk under a PBC specification can be fairly shifted to
the contractor to allow for the operation of objective incentives, a contract
type with objectively measurable incentives (e.g., FFP, FPIF, or CPIF) is
appropriate.However, when contractor
performance (e.g., cost control, schedule, or quality/technical) is best
evaluated subjectively using quantitative measures, a CPAF contract may be
used.

(b) A level-of-effort contract is not PBC.

Subpart 1816.2--Fixed-Price Contracts

1816.202Firm-fixed-price contracts.

1816.202-70NASA contract clause.

The contracting officer shall insert the
clause at 1852.216-78, Firm-Fixed-Price, in firm-fixed-price solicitations and
contracts.Insert the appropriate
amount in the resulting contract.

1816.203 Fixed-price contracts witheconomic price adjustment.

1816.203-4Contract clauses.

(a) In addition to the approval requirements
in the prescriptions at FAR 52.216-2 through 52.216-4, the contracting officer
shall coordinate with the installation's Deputy Chief Financial Officer
(Finance) before exceeding the ten-percent limit in paragraph (c)(1) of the
clauses at FAR 52.216-2 and 52.216-3 and paragraph (c)(4) of the clause at
52.216-4.

(d)(2) Contracting officers shall contact the
Office of Procurement, Code HK, for specific guidance on preparing clauses
using cost indexes.Such clauses
require advance approval by the Associate Administrator for Procurement.Requests for approval shall be submitted to
the Headquarters Office of Procurement (Code HS).

Subpart
1816.3--Cost-Reimbursement Contracts

(1) Normally, the contractor should be
given a score of 0 for cost control when there is a significant overrun within
its control.However, the contractor
may receive higher scores for cost control if the overrun is
insignificant.Scores should decrease
sharply as the size of the overrun increases.In any evaluation of contractor overrun performance, the Government
shall consider the reasons for the overrun and assess the extent and
effectiveness of the contractor's efforts to control or mitigate the overrun.

(2) The contractor should normally be
rewarded for an underrun within its control, up to the maximum score allocated
for cost control, provided the average numerical rating for all other award fee
evaluation factors is 81 or greater (see 1816.405-275).An underrun shall be rewarded as if the
contractor has met the estimated cost of the contract (see 1816.405-274(d)(3))
when the average numerical rating for all other factors is less than 81 but
greater than 60.

(3) The contractor should be rewarded for
meeting the estimated cost of the contract, but not to the maximum score
allocated for cost control, to the degree that the contractor has prudently
managed costs while meeting contract requirements.No award shall be given in this circumstance unless the average
numerical rating for all other award fee evaluation factors is 61 or greater.

(f)When an AF arrangement is used in
conjunction with another contract type, the award fee’s cost control factor
will only apply to a subjective assessment of the contractor’s efforts to
control costs and not the actual cost outcome incentivized under the basic
contract type (e.g. CPIF, FPIF).

(g)(1) The
contractor's performance against the subcontracting plan incorporated in the
contract shall be evaluated.Emphasis
may be placed on the contractor's accomplishment of its goals for
subcontracting with small business, HUBZone small business, women-owned small
business, veteran-owned small
business, and service-disabled veteran-owned small businessconcerns.

(2) The
contractor's performance against the contract target for participation as
subcontractors by small disadvantaged business concerns in the NAICS Major
Groups designated by the Department of Commerce (see FAR 19.201(c)) shall also
be evaluated if the clause at FAR 52.219-26, Small Disadvantaged Business
Participation - Incentive Subcontracting, is not included in the contract (see
FAR 19.1204(c)).

(3) The contractor's achievements in
subcontracting high technology efforts as well as the contractor's performance
under the Mentor-Protégé Program, if applicable, may also be evaluated.

(4) The
evaluation weight given to the contractor's performance against the
considerations in paragraphs (g)(1) through (g)(3) of this section should be
significant (up to 15 percent of available award fee).The weight should motivate the contractor to
focus management attention to subcontracting with small, HUBZone, women-owned,
veteran-owned, and service-disabled veteran-owned small business concerns, and
with small disadvantaged business concerns in designated NAICS Major Groups to
the maximum extent practicable, consistent with efficient contract performance.

(h) Only the award fee performance evaluation
factors set forth in the performance evaluation plan shall be used to determine
award fee scores.

(i) The Government may unilaterally modify the
applicable award fee performance evaluation factors and performance evaluation
areas prior to the start of an evaluation period.The contracting officer shall notify the contractor in writing of
any such changes 30 days prior to the start of the relevant evaluation period.

1816.405-275Award fee evaluation scoring.

(a) A scoring system of 0-100 shall be used
for all award fee ratings.Award fee
earned is determined by applying the numerical score to the award fee
pool.For example, a score of 85 yields
an award fee of 85 percent of the award fee pool.No award fee shall be paid unless the total score is 61 or
greater.

(b)
The following standard adjectival ratings and the associated numerical scores
shall be used on all award fee contracts.

(2) Very
good(90-81):Very effective performance, fully responsive
to contract requirements; contract requirementsaccomplished in a timely, efficient, and economical manner for
the most part; only minor deficiencies.

(5) Poor/Unsatisfactory
(less than 61):Does not meet minimum
acceptable standards in one or more areas; remedial action required in one or
more areas; deficiencies in one or more areas which adversely affect overall
performance.

(c) As a benchmark for evaluation, in order
to be rated "Excellent," the contractor must be under cost, on or
ahead of schedule, and have provided excellent technical performance.

(d) A scoring system appropriate for the
circumstances of the individual contract requirement should be developed.Weighted scoring is recommended.In this system, each evaluation factor
(e.g., technical, schedule, cost control) is assigned a specific percentage
weighting with the cumulative weightings of all factors totaling 100.During the award fee evaluation, each factor
is scored from 0-100 according to the ratings defined in 1816.405-275(b).The numerical score for each factor is then
multiplied by the weighting for that factor to determine the weighted
score.For example, if the technical
factor has a weighting of 60 percent and the numerical score for that factor is
80, the weighted technical score is 48 (80 x 60 percent).The weighted scores for each evaluation
factor are then added to determine the total award fee score.

1816.405-276 Award fee payments and
limitations.

(a) Interim
Award Fee Payments.The amount of an interim award fee
payment (see 1816.405-273(b)) is limited to the lesser of the interim
evaluation score or 80 percent of the fee allocated to that interim period less any provisional payments (see
paragraph (b) of this subsection) made during the period.

(b) Provisional
Award Fee Payments.Provisional
award fee payments are payments made within evaluation periods prior to an
interim or final evaluation for that period.Provisional payments may be included in the contract and should be
negotiated on a case-by-case basis.For a service contract, the total
amount of award fee available in an evaluation period that may be provisionally
paid is the lesser of a percentage stipulated in the contract (but not
exceeding 80 percent) or the prior period's evaluation score.For an end item contract, the total amount of provisional payments in a
period is limited to a percentage not to exceed80 percent of the prior interim period’s evaluation score.

(c) Fee
Payment.The Fee Determination
Official's rating for both interim and final evaluations will be provided to
the contractor within 45 calendar days of the end of the period being
evaluated.Any fee, interim or final,
due the contractor will be paid no later than 60 calendar days after the end of
the period being evaluated.

1816.406Contract clauses.

1816.406-70NASA contract clauses.

(a) As authorized by FAR 16.406(e), the
contracting officer shall insert the clause at 1852.216-76, Award Fee for
Service Contracts, in solicitations and contracts when an award-fee contract is
contemplated and the contract deliverable is the performance of a service.

(b) As authorized by FAR 16.406(e), the
contracting officer shall insert the clause at 1852.216-77, Award Fee for End
Item Contracts, in solicitations and contracts when an award fee contract is
contemplated and the contract deliverables arehardware or other end items for which total contractor performance
cannot be measured until the end of the contract. When the clause is used in a
fixed-price award-fee contract, it shall be modified by deleting references to
base fee in paragraphs (a), and by deleting paragraph(c)(1), the last sentence of (c)(4), and the first sentence of
(c)(5).

(d) The contracting officer shall insert the
clause at 1852.216-84, Estimated Cost and Incentive Fee, in
cost-plus-incentive-fee solicitations and contracts.

(e) The contracting
officer may insert the clause at 1852.216-85, Estimated Cost and Award Fee, in
award-fee solicitations and contracts.When the contract includes performance

incentives, use Alternate I. When the clause is used in a
fixed-price award fee contract, it shall be modified to delete references to
base fee and to reflect the contract type.

(f) As provided at 1816.402-270, the
contracting officer shall insert a clause substantially as stated at
1852.216-88, Performance Incentive, when the primary deliverable(s) is (are)
hardware and total estimated cost and fee is greater than $25 million.A clause substantially as stated at
1852.216-88 may be included in lower dollar value hardware contracts with the
approval of the procurement officer.

Subpart 1816.5--Indefinite-Delivery
Contracts

1816.504 Indefinite quantity contracts.

(a)(4)(ii) ID/IQ service contract values and
task order values shall be expressed only in dollars.

(a)(4)(v) See 1815.7003.

1816.505 Ordering.

(a)(2) Task and delivery orders shall be
issued by the contracting officer.

(b)(5) The Agency and installation ombudsmen
designated in accordance with 1815.7001 shall review complaints from
contractors on task order contracts and delivery order contracts.

1816.505-70 Task ordering.

(a) The contracting officer shall, to the
maximum extent possible, state task order requirements in terms of functions
and the related performance and quality standards such that the standards may
be objectively measured.

(b) To the maximum extent possible,
contracting officers shall solicit contractor task plans to use as the basis
for finalizing task order requirements and enable evaluation and pricing of the
contractor's proposed work on a performance based approach as described in
1816.104-70(a).

(c) Task order contract type shall be
individually determined, based on the nature of each task order's requirements.

(1) Task orders may be grouped by
contract type for administrative convenience (e.g., all CPIF orders, all FFP
orders, etc.) for contractor progress and cost reporting.

(2) Under multiple awards, solicitations
for individual task plans shall request the same pricing structure from all
offerors.

(d) Any undefinitized task order issued under
paragraph (f) of the clause at 1852.216-80, Task Ordering Procedure, shall be
treated and reported as an undefinitized contract action in accordance with
1843.70.

1816.506-70 NASA contract clause.

Insert the clause at 1852.216-80, Task
Ordering Procedure, in solicitations and contracts when an indefinite-delivery,
task order contract is contemplated.The clause is applicable to both fixed-price and cost-reimbursement type
contracts.If the contract does not
require 533M reporting (see NPG 9501.2, NASA Contractor Financial Management
Reporting System), use the clause with its Alternate I.

Subpart 1816.6--Time-and-Materials, Labor-Hour, and Letter Contracts

1816.603 Letter contracts.

1816.603-370 Approvals.

(a) All
requests for authorityto issue a letter
contract shall include the following:

(1)Proposed
contractor's name and address.

(2)Location
where contract is to be performed.

(3)Contract
number, including modification number, if applicable.

(4)Brief
description of the work or services to be performed.

(5)Performance
period or delivery schedule.

(6)Amount
of letter contract.

(7)Performance
period of letter contract.

(8)Estimated
total amount of definitive contract.

(9)Type
of definitive contract to be executed.

(10)A
statement that the definitive contract will contain all required clauses or
identification of specific clausedeviations that have been approved.

(11) A statement as to the necessity and
advantage to the Government of the proposed letter contract.

(12) The definitization schedule
described in FAR 16.603-2(c) expected to be negotiated with the contractor.

(b)
Requests for authority to issue letter contracts having an estimated definitive
contract amount equal to or greater than the Master Buy Plan submission
thresholds of 1807.7101 (or modifications thereto) shall be signed by the
procurement officer and submitted to the Associate Administrator for
Procurement (Code HS) for approval.

(c) Authority to approve the issuance of
letter contracts below the Master Buy Plan submission thresholds specified in
1807.7101 is delegated to the procurement officer.

(d) Any modification of an undefinitized
letter contract approved by a procurement officer in accordance with paragraph
(c) of this section that increases the estimated definitized contract amount to
or above the Master Buy Plan submission thresholds must have the prior approval
of the Associate Administrator for Procurement (Code HS).

(f)(2)
Use of the provision (or formula) for determining the price of a fixed price
option requires advance approval by the Associate Administrator for Procurement
(Code HS).

(f)(3)(ii) Use of a formula to determine the fee of an option in a
cost-type contract requires advance approval of the Associate Administrator for
Procurement (Code HS).The formula
shall preclude the contractor from increasing costs for the purpose of earning
additional fee.

1817.208
Solicitation provisions andcontract clauses.

(c)(3) The
contracting officer shall insert a provision substantially the same as FAR
52.217-5 in cost reimbursement contracts when the other conditions of FAR
17.208(c) are met.

Subpart 1817.4--Leader Company Contracting

1817.401General.

It is
NASA policy not to use the leader company contracting technique.

(a)(2) Current market prices, recent
acquisition prices, or prices obtained by informational submissions as provided
in FAR 15.201 may be used to ascertain whether the acquisition can be
accomplished more economically from commercial sources.

(c) The Associate
Administrator for Procurement as the agency senior procurement executive will
approve all D&F’s for a servicing agency not covered by the Federal
Acquisition Regulations.This approval
may not be delegated below the senior procurement executive level.

1817.504
Ordering procedures.

(b)(4)
All payment provisions shall require the servicing agency or department to
submit a final voucher, invoice, or other appropriate payment document within
six months after the completion date of the order.A different period may be specified by mutual agreement if six
months is not sufficient.

Subpart 1817.70--Acquisitions with Military
Departments

1817.7000Scopeofsubpart.

This
subpart contains policies and procedures, developed jointly by NASA and DOD, for
acquisition of supplies or services by NASA from or through the Military
Departments.

1817.7001Authorizationandpolicy.

(a)NASA is authorized by the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) to use the
acquisition services, personnel, equipment, and facilities of the Military
Departments, with their consent and with or without reimbursement, and, on a
similar basis, to cooperate with the Military Departments in the use of
acquisition services, equipment, and facilities.

(b) The
Military Departments have agreed to cooperate fully with NASA in making their
acquisition services, equipment, personnel, and facilities available on the
basis of mutual agreement.

(c) The
Military Departments have agreed not to claim reimbursement for administrative
costs incident to acquisitions for NASA, except as may be otherwise agreed
before the services are performed.

(d) When
procuring supplies or services for NASA or performing field service functions
in support of NASA contracts, the Military Departments have agreed to use their
own methods, except when otherwise required by the terms of the agreement
involved.

(e) The
Military Departments normally will use their own funds when procuring supplies
or services or performing services for NASA, and will not cite NASA funds on
any Defense obligation or payment document.

1817.7002NASA-DefensePurchaseRequestandacceptance.

(a) The
NASA-Defense Purchase Request (NASA Form 523) shall be used by NASA contracting
offices for requesting acquisition of supplies or services from all activities
of the Military Departments.Individual
NASA-Defense Purchase Requests shall be prepared in accordance with the
instructions on the reverse of NASA Form 523 and shall be numbered in
accordance with Subpart 1804.71. The form shall not be used for requesting --

(1) Block transfers of excess property between NASA and the
Military Departments;

(2) Performance by the Military Departments of field service
functions related to NASA contracts; or

(3) Items that the Military
Departments normally purchase and stock for military use or in-house services,
except when a DOD activity is willing to accept the form for these purposes.Supplies and services of this nature may be
requisitioned using appropriate DOD forms when they are provided by and are
acceptable to or preferred by the Military Department supplying activity or as
otherwise mutually agreed upon by the parties.

(b)
Include a provision in accordance with 1817.504(b)(4).

(c) To
obtain materials from the Air Force Missile Procurement Fund, the contracting
officer shall follow the procedures of 1808.002-72.

1817.7002-1AcceptancebyMilitaryDepartment.

(a)
Except as provided in paragraph (c) of this section, the Military Department concerned
will, within 30 days after receipt of a NASA-Defense Purchase Request, forward
to the initiator of the request an Acceptance of MIPR, DD Form 448-2.Each DD Form 448-2 will show the action
being taken to fill the requirement and the name and complete address of the
DOD contracting activity.

(b) To
the extent feasible, all documents (including acceptances, contracts,
correspondence, shipping documents, work or project orders, and Standard Form
1080 (Voucher for Transfer between Appropriations and/or Funds) billings) will
reference the NASA-Defense Purchase Request number and the item number.

(c)
Acceptance by the Military Department is not required for NASA-Defense Purchase
Requests covering deliveries of common-use standard-stock items that the
supplying agency has on hand or on order for prompt delivery at published
prices.

1817.7002-2Changesinestimatedtotalprices.

When a
Military Department determines that the estimated total price (Block 7, NASA Form
523) of the items to be acquired for NASA is not sufficient to cover the
required reimbursement or is in excess of the amount required, a request for an
amendment will be forwarded to the NASA

originating office.The request will indicate a specific dollar amount, rather than a
percentage, and will include justification for any upward adjustment requested.
Upon approval of the request, the cognizant NASA contracting officeshall forward to the DOD contracting
activity an amendment to the NASA Defense Purchase Request.

1817.7002-3Payments.

Except
when agreements provide that reimbursement is not required, payments to the
Military Departments shall be made by NASA office designated in block 9 of the
NASA-Defense Purchase Request upon receipt of Standard Form 1080.Billings will be supported in the same
manner as billings between Military Departments.

1817.7002-4Contractclause.

The
contracting officer shall insert the clause at 1852.217-70, Property
Administration and Reporting, in any NASA-Defense Purchase Request when
property will be involved.

Subpart 1817.71--Exchange
or Sale of Personal Property

1817.7101
Policy.

(a)
Section 201(c) of the Federal Property and Administrative Services Act of 1949,
63 Stat. 384, as amended (40 U.S.C. 481(c)), authorizes the exchange or sale of
Government personal property and the application of the exchange allowance or
proceeds from sale to the acquisition of similar property for replacement
purposes.The transaction must be
evidenced in writing.

(b) NASA
installations and contractors are authorized to conduct exchange/sale
transactions as long as the requirements and restrictions of NPG 4300.1 and the Federal Property Management
Regulations, Subchapter H, part 101-46, are followed. In conducting such exchanges/sales,
NASA contractors must obtain the contracting officer's prior written approval
and must report the transactions to the cognizant NASA installation Property
Disposal Officer (PDO).

Subpart 1817.72--Interagency Transactions

1817.7201 Policy.

(a) Although the
Space Act provides interagency transaction authority nearly equivalent to the
Economy Act, NASA has elected to conform its implementation of the Space Act to
the requirements of the Economy Act.Therefore,
unless exempt from the Economy Act for reasons other than the general authority
of the Space Act, interagency acquisitions shall be supported by a
Determination and Findings equivalent to that required for Economy Act
transactions (see FAR 17.503 and 1817.503).This requirement applies to all purchases of goods or services under
contracts entered into or administered by the Military Departments or other
agencies.The Space Act may be cited as
authority for a transaction where appropriate, but that does not provide relief
from this D&F requirement.

(b)The determination described in paragraph (a)
of this section is not required for contracts awarded under the Space Act to
Government agencies pursuant to a Broad Agency Announcement when a review of
the acquisition records would make it obvious that the award is not being used
as a method of circumventing regulatory or statutory requirements, particularly
FAR Part 6, Competition Requirements (e.g., when a significant number and value
of awards made under the BAA are made to entities other than Government
agencies).

Subpart
1817.73--Phased Acquisition

1817.7300
Definitions.

(a) Down-selection.In a phased acquisition, the process of
selecting contractors for later phases from among the preceding phase
contractors.

(b) Phased Acquisition.An incremental
acquisition implementation comprised of several distinct phases where the
realization of program/project objectives requires a planned, sequential
acquisition of each phase.The phases
may be acquired separately, in combination, or through a down-selection
strategy.

(c) Progressive Competition.A type of down-selection strategy for a
phased acquisition.In this method, a
single solicitation is issued for all phases of the program. The initial phase
contracts are awarded, and the contractors for subsequent phases are expected
to be chosen through a down-selection from among the preceding phase
contractors.In each phase, progressively
fewer contracts are awarded until a single contractor is chosen for the final
phase.Normally, all down-selections
are accomplished without issuance of a new, formal solicitation.

1817.7301
Down-selections in phased acquisitions.

1817.7301-1
Pre-solicitation planning.

(a) The
rationale for the use of the down-selection technique shall be thoroughly
justified in the acquisition planning requirement.Because the initial phase solicitation will also lead to
subsequent phase award(s), the decision to use a down-selection strategy must
be made prior to release of the initial solicitation.Accordingly, all phases must be addressed in the initial
acquisition strategy planning and documented in the acquisition plan or ASM
minutes.

(b) If
there is no direct link between successful performance in the preceding phase
and successful performance in a subsequent phase, down-selection is
inappropriate. In this case, the phases should be contracted for separately
without a down-selection.

(c) With
one exception, both the initial and subsequent phase(s) of an acquisition
down-selection process are considered to be full and open competition if the
procedures in 1817.7301-4 and 1817.7301-5 (if using the progressive competition
technique) are followed.If only one contractor
successfully completed a given phase and no other offers are solicited for the
subsequent phase, award of the subsequent phase may be made only if justified
by one of the exceptions in FAR 6.302 or one of the exclusions in FAR 6.2, and
only after compliance with the synopsis requirements of FAR 5.202 and 5.205 and
1804.570-2.

1817.7301-2
Evaluation factors.

A
separate set of evaluation factors must be developed for each phase in a
down-selection competition.Since these
competitive down-selection strategies anticipate that a preceding phasecontractor will be the subsequent phase
contractor, the evaluation factors for initial phase award must specifically
include evaluation of the offerors’ abilities to perform all phases.

PART
1819

SMALL BUSINESS PROGRAMS

TABLE OF CONTENTS

1819.001Definitions.

SUBPART1819.2POLICIES

1819.201General
policy.

SUBPART1819.3DETERMINATION OF SMALLBUSINESS STATUS

FOR SMALL BUSINESS PROGRAMS

1819.302Protesting
a small business representation.

SUBPART1819.5SET-ASIDES FOR SMALLBUSINESS

1819.502Setting
aside acquisitions.

1819.502-70Non-initiation
of set-asides.

1819.502-3Partial
set-asides.

1819.502-370NASA
reporting requirements.

1819.505Rejecting
Small Business Administration recommendations.

1819.506Withdrawing
or modifying small business set-asides.

SUBPART1819.6CERTIFICATES OFCOMPETENCY AND

DETERMINATIONS OF RESPONSIBILITY

1819.602Procedures.

1819.602-1Referral.

1819.602-3Resolving
differences between the agency and the Small

Business Administration.

1819.602-370NASA
procedures.

SUBPART1819.7THE SMALL BUSINESS SUBCONTRACTING

PROGRAM

1819.705-2Determining
the need for a subcontracting plan.

1819.705-4Reviewing
the subcontracting plan.

1819.705-470Acquisition-specific
subcontracting goals.

1819.708Contract
clauses.

1819.708-70NASA
solicitation provision and contract clause.

SUBPART1819.8CONTRACTING WITH THESMALL BUSINESS

ADMINISTRATION(THE8(a) PROGRAM)

1819.804Evaluation,
offering, and acceptance.

1819.804-1Agency
evaluation.

SUBPART 1819.10SMALL BUSINESS COMPETITIVENESS

DEMONSTRATION
PROGRAM

1819.1005Applicability.

SUBPART 1819.70NASA 8 PERCENT GOAL

1819.7000General.

1819.7001Definitions.

1819.7002Contracting
officer responsibility.

1819.7003Contract
clause.

SUBPART 1819.71NASA RURAL AREA SMALL BUSINESS PLAN

1819.7101Definition.

1819.7102General.

1819.7103Solicitation
provision and contract clause.

SUBPART 1819.72 NASA MENTOR-PROTÉGÉ PROGRAM

1819.7201Scope
of subpart.

1819.7202Definitions.

1819.7203Non-affiliation.

1819.7204Transportability
of features from the Department of Defense

(DOD) Mentor-Protégé program to NASA
contractors.

1819.7205General
policy.

1819.7206Incentives
for prime contractor participation.

1819.7207Measurement
of Program success.

1819.7208Mentor
firms.

1819.7209Protégé
firms.

1819.7210Selection
of protégé firms.

1819.7211Application
process for mentor firms to participate in the

Program.

1819.7212OSDBU
review and approval process of agreement.

1819.7213Agreement
contents.

1819.7214Developmental
assistance.

1819.7215Obligation.

1819.7216Internal
controls.

1819.7217Reports.

1819.7218Program
review.

1819.7219Solicitation
provision and contract clauses.

PART 1819

SMALL BUSINESS PROGRAMS

1819.001 Definitions.

“High-Tech” as used in this part means
research and/or development efforts that are within or advance the state-of-the-art
in a technology discipline and are performed primarily by professional
engineers, scientists, and highly skilled and trained technicians or
specialists.

Subpart 1819.2 --Policies

1819.201
General policy.

(a)(i) NASA is committed to providing to small, veteran-owned small
business, service-disabled veteran-owned small business, HUBZone, small
disadvantaged, and women-owned small business concerns, maximum practicable
opportunities to participate in Agency acquisitions at the prime contract level.The participation of NASA prime contractors
in providing subcontracting opportunities to such entities is also an essential
part of the Agency's commitment.The
participation of these entities is particularly emphasized in high-technology
areas where they have not traditionally dominated.

(ii) NASA annually negotiates Agency
small, service-disabled veteran-owned small business, HUBZone, small
disadvantaged, and women-owned small business prime and subcontracting goals
with the Small Business Administration pursuant to section 15(g) of the Small
Business Act (15 U.S.C. 644).In
addition, NASA has the following statutory goals based on the total value of
prime and subcontract awards:

(A) Under Public Laws 101-144, 101-507,
and 102-389, an annual goal of at least 8 percent for prime and subcontract
awards to small disadvantaged business (SDB) concerns, Historically Black
Colleges and Universities (HBCUs), minority institutions (MIs), and women-owned
small businesses (WOSBs) (see 1819.7000); and

(B) Under 10 U.S.C. 2323, an annual
goal of 5 percent for prime and subcontract awards to SDBs, HBCUs, and WOSBs.

(c) The
Associate Administrator for Small and Disadvantaged Business Utilization (Code
K) is the Agency official responsible for carrying out the duties in FAR
19.201(c).

(d)(i) The center director shall designate
a qualified individual in the contracting office as a small business specialist
to provide a central point of contact to which small business concerns may direct
inquiries concerning small business matters and participation in NASA
acquisitions.The small business
specialist shall also perform other functions specifically set forth in this
section 1819.201 or that the procurement officer may prescribe, with the
concurrence of the Associate Administrator for Small and Disadvantaged Business
Utilization, for implementing the Small Business Program.When the center director considers that the
volume of acquisitions or the functions relating to acquisitions at the center
do not warrant a full-time small business specialist, these duties may be
assigned to procurement personnel on a part-time basis.

(ii) Small business specialists
appointed under paragraph (d)(i) of this section shall perform the following
duties, as the procurement officer determines appropriate to the installation:

(A) Maintain a program designed to
locate capable small business sources, including those located in labor surplus
areas, for current and future acquisitions.

(B) Coordinate inquiries and
requests for advice from small business concerns on acquisition matters.

(C) Before issuance of
solicitations or contract modifications for additional supplies or services,
determine that small business concerns will receive adequate consideration,
including making recommendations for initiation of set-asides (see FAR 19.5 and
19.8) and for taking action

in accordance with FAR 19.506(b) and
1819.502-70.Participate and provide
input early in the acquisition planning phase of proposed acquisitions,
including acquisition strategy meetings.

(D) If small business concerns cannot
be given an opportunity to compete because adequate specifications or drawings
are not available, work with appropriate technical and contracting personnel to
ensure that necessary specifications or drawings for current or future
acquisitions will be available.

(E) Review acquisitions for
possible breakout of items suitable for acquisition from small business
concerns.

(F) Advise
small business concerns regarding financial assistance available under laws and
regulations, assist such concerns in applying for such assistance, and ensure
that small business concerns' requests for financial assistance are not treated
as a handicap in securing the award of contracts.

(G) Participate in responsibility
determinations (see FAR 9.103) when small business concerns are involved.

(H) Participate in the evaluation of
prime contractors' small business subcontracting programs (see FAR 19.705-4).

(I) Review and make appropriate
recommendations to the contracting officer on any proposal to furnish
Government-owned facilities to a contractor if such action may hurt the Small
Business Program.

(J) Ensure that participation of
small business concerns is accurately reported.

(K) Make available to SBA copies of
solicitations when requested.

(L) Act as liaison between contracting officers
and SBA area offices and representatives in connection with set-asides,
certificates of competency, and any other matters in which the Small Business
Program may be involved.

(M) In cooperation with contracting
officers and technical personnel, seek and develop information on the technical
competence of small business concerns for research and development
contracts.Regularly bring to the
attention of contracting officers and technical personnel descriptive data,
brochures, and other information regarding small business concerns that are
apparently competent to perform research and development work in fields in
which NASA is interested.

(N) When a small business
concern's offer has been rejected for nonresponsiveness or nonresponsibility,
assist that concern, upon its request, in understanding such requirements for
future awards.

(O) Advise center personnel, as necessary, on new
Governmentwide and Agency-approved small business programs and initiatives.

(f)(1)The NASA Ombudsman, the Director of the
Contract Management Division (Code HK), is the designated official for
determining whether the use of the SDB mechanism in FAR Subpart 19.11 has
resulted in an undue burden on non-SDB firms in the Department of Commerce designated
NAICS Major Groups, or is otherwise inappropriate.

Subpart
1819.3--Determination of Small Business Status for Small Business Programs

1819.302Protestingasmallbusinessrepresentation.

(d)(1)
The contracting officer shall not make awards of small business set-aside
acquisitions before the expiration of the period for receipt of a size standard
protest.

Subpart 1819.5--Set-Asides for Small
Business

1819.502Settingasideacquisitions.

1819.502-70
Non-initiation of set-asides.

(a) All
cases involving the non-initiation of a set-aside, whether resulting from a
joint decision of the small business specialist and the contracting officer or
a decision by the contracting officer alone, require referral to the SBA
representative (if one is assigned and available) for review.

(b) If
the small business specialist recommends that an individual acquisition or a
class of acquisitions, or a portion thereof, be set aside, the contracting
officer shall promptly either concur in or disapprove the recommendation,
stating in writing the reasons for disapproval.

(c) When
an SBA representative is assigned and available and the contracting officer
disapproves the small business specialist's recommendation, the contracting
officer shall promptly refer the case to the SBA representative for
review.The small business specialist
shall take no further appeal action.The SBA representative must either concur with the decision or appeal
the case to the procurement officer under FAR 19.505.If the procurement officer approves the contracting officer’s
decision and the SBA appeals under FAR 19.505(c), the procurement officer shall
forward the required written justification, including a history of discussions
between the center and the SBA and rationale for the decision, to the
Headquarters Office of Procurement (HS).

(d) When
an SBA representative is not assigned or available and the contracting officer
disapproves the small business specialist's recommendation, the small business
specialist may appeal in writing to the procurement officer. The procurement
officer’s decision shall be final.The
contracting officer shall place a memorandum of the procurement officer's
decision in the contract file.If the
procurement officer’s decision approves the contracting officer's action, the
small business specialist shall forward complete documentation of the case to
the Headquarters Office of Small and Disadvantaged Business Utilization (Code
K).

(e) The
contracting officer shall prepare, sign, and retain in the contract file a
memorandum of nonconcurrence in a recommended set-aside action.

1819.502-3
Partial set-asides.

1819.502-370
NASA Reporting Requirements.

The
contracting officer shall separately report, in accordance with Subpart 1804.6,
awards of the non-set-aside portions of small business set-aside acquisitions.

1819.505
Rejecting Small Business Administration recommendations.

See
1819.502-70.

1819.506
Withdrawing or modifying small business set-asides.

(b) If an
SBA representative is not assigned or available, and the small business
specialist disagrees with the contracting officer’s written decision of
withdrawal or modification of a set-aside determination, the small business
specialist may appeal to the procurement officer in accordance with the
procedures in 1819.502-70(d).

Subpart 1819.6--Certificates of Competency and
Determinations of Responsibility

1819.602
Procedures.

1819.602-1
Referral.

(a) On
proposed awards exceeding the simplified acquisition threshold, the contracting
officer should consider requesting a preaward survey (see FAR 9.106) before
determining that a responsive small business firm is not responsible.The scope of the preaward survey request
should be limited to those elements of responsibility that are questioned.

(2)
The contracting officer shall forward a copy of the referral to SBA through the
procurement officer to the Headquarters Office of Small and Disadvantaged
Business Utilization(Code K).

(a) When
agreement cannot be reached between the contracting officer and the SBA Area
Office, the contracting officer shall forward to the Headquarters Office of Procurement
(Code HS) on an expedited basis, a complete case file with a request that the
case be considered for appeal to SBA Headquarters.The contracting officer shall include the data already furnished
to SBA, SBA's rationale for proposing to issue a COC, and the contracting
officer's comments.The contracting
officer shall suspend acquisition action until informed by Code HS of the final
decision in the case.

(b) If
the Office of Procurement concludes that the referral to SBA should be
withdrawn and a contract awarded without benefit of a COC, Code HS shall inform
the contracting officer.

(c) If
the Office of Procurement agrees with the contracting officer's recommended
appeal action, the Associate Administrator for Procurement shall forward the appeal
through the Office of Small and Disadvantaged Business Utilization (Code K) to
SBA Headquarters.

Section
1819.201 addresses Agencywide goals at the combined prime and subcontract
levels.Appropriate subcontracting
goals for an individual acquisition, however, are to be independently
determined on the basis of the specific circumstances of the acquisition,
consistent with FAR 19.705-4 and 1819.7002(b), and not on the basis of an
Agencywide or center goal.Acquisition-specific
subcontracting goals should reflect maximum practicable opportunities for all
categories of small business concerns to participate in NASA programs,
consistent with efficient performance.The methods outlined in NASA Policy Directive (NPD) 5000.2, Uniform
Methodology for Determination of Small Disadvantaged Subcontracting Goals, may
also be useful in establishing reasonable subcontracting goals for small, veteran-owned small business, service-disabled
veteran-owned small business,
HUBZone, and women-owned small business concerns.

1819.708
Contract clauses.

(b)(1)
The contracting officer shall use the clause at FAR 52.219-9 with its Alternate
II when contracting by negotiation.

1819.708-70NASA
solicitation provisionand contract
clause.

(a) The contracting
officer shall insert the provision at 1852.219-73, Small Business
Subcontracting Plan, in invitations for bids containing the clause at FAR
52.219-9 with its Alternate I. Insert in the last sentence the number of
calendar days after request that the offeror must submit a complete plan.

(b) The contracting
officer shall insert the clause at 1852.219-75, Small Business Subcontracting
Reporting, in solicitations and contracts containing the clause at FAR
52.219-9, except for contracts covered by an approved commercial plan.

Subpart
1819.8--Contracting with the Small Business Administration

(The 8(a) Program)

1819.804Evaluation,
offering, andacceptance.

1819.804-1
Agency evaluation.

The small
business specialist shall review and evaluate all acquisition requirements to
determine their suitability for offering to SBA for 8(a) acceptance and make a
recommendation to the contracting officer concerning award to SBA.

Subpart 1819.10--Small Business
Competitiveness Demonstration Program

1819.1005
Applicability.

(b) The
targeted industry categories for NASA and their North American Industry
Classification System (NAICS) codes are:

NAICSCode

Industry Category

334111

Electronic Computer Manufacturing

334418

Printed Circuit Assembly (Electronic Assembly)
Manufacturing

334613

Magnetic and Optical Recording Media
Manufacturing

334119

Other Computer Peripheral Equipment
Manufacturing

33422

Radio and Television Broadcasting and Wireless
Communication Equipment Manufacturing

Public
Laws 101-144, 101-507, and 102-389 require the NASA Administrator to ensure, to
the fullest extent possible, that at least 8 percent of Federal funding for
prime and subcontracts awarded in support of authorized programs, including the
space station by the time operational status is obtained, be made available to
small disadvantaged business concerns, Historically Black Colleges and
Universities, minority institutions, and women-owned small business concerns.

1819.7001
Definitions.

(a) “Small Disadvantaged Business (SDB)
concern” and“Women-Owned Small Business (WOSB) concern” are defined in FAR
19.001.

(b) “Historically Black College or University
(HBCU)” and“Minority Institution (MI)” are defined in FAR 26.301.

1819.7002
Contracting officer responsibility.

(a)
Contracting officers must seek out as potential sources entities identified in
1819.7001 and give full consideration to these entities to satisfy NASA
requirements.The participation of NASA
prime contractors is also essential to meeting the Agency’s 8 percent goal.

(b) NASA
Policy Directive (NPD) 5000.2, Uniform Methodology for Determination of Small
Disadvantaged Subcontracting Goals, contains guidance on developing realistic
goals.It is applicable to acquisitions
expected to exceed $50 million, including options.The methodology may be used for lesser value acquisitions.

1819.7003
Contract clause.

The
contracting officer shall insert the clause at 1852.219-76, NASA 8 Percent
Goal, in all solicitations and contracts other than those below the simplified
acquisition threshold or when the contract, together with all its subcontracts,
is to be performed entirely outside of any State, territory, or possession of the
United States, the District of Columbia, the Commonwealth of Puerto Rico, and
the Trust Territory of the Pacific Islands.

Subpart 1819.71--NASA Rural Area Small Business
Plan

1819.7101
Definition.

"Rural area" means a county with a population of fewer than
twenty thousand individuals.

1819.7102
General.

Pursuant
to Public Law 100-590, NASA established a Rural Area Business Enterprise
Development Plan, including methods for encouraging prime and subcontractors to
use small business concerns located in rural areas as subcontractors and
suppliers.One method is to encourage
the contractor to use its best efforts to comply with the intent of the
statute.

1819.7103
Solicitation provision andcontract clause.

The contracting officer shall insert the clause at
1852.219-74, Use of Rural Area Small Businesses, in solicitations and contracts
that offer subcontracting possibilities or that are expected to exceed $500,000
($1,000,000 for construction of public facility) unless the contract, together
with all its subcontracts, is to be performed entirely outside of any State,
territory, or possession of

1822.1503Procedures for
acquiring end products on the List of Products

Requiring Contractor Certification as to
Forced or Indentured

Child Labor.

PART 1822

APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS

1822.000-70Scope of part.

(a)Contracting officers shall consult with the
installation labor relations advisor or designee when taking any of the actions
prescribed or authorized in FAR Part 22 or NFS Part 1822.

(b)Proposed actions having a substantial impact
on the activities of NASA or other Government agencies shall be approved by the
Headquarters Contractor Industrial Relations Office (Code JR).

Subpart 1822.1--Basic Labor Policies

1822.101Laborrelations.

1822.101-1General.

(d)When a strike that may have an adverse effect
on NASA programs is imminent or in progress at a prime contractor's or
subcontractor's plant, contracting officers shall:

(i)Advise both the prime contractor and the head
of the union local in writing of the expected impact of the strike on NASA
programs and of the actions NASA is considering to protect the Government's
interest and prevent delay in the accomplishment of NASA's mission.If the strike is in a subcontractor's plant,
the subcontractor may be approached only through the prime contractor;

(ii) Explore the
possibility of locating other sources for the supplies or services to have been
provided by the strike-threatened plant; and

(iii) Consider taking the actions described in FAR 22.101-4.

(e) Programs or requirements that
result in contracts in excess of the simplified acquisition threshold shall
require contractors to notify NASA of actual or potential labor disputes that
are delaying or threaten to delay timely contract performance.

1822.101-3Reportinglabordisputes.

Reports of potential or actual labor
disputes affecting NASA acquisitions, operations, or services shall be
submitted to the Headquarters Contractor Industrial Relations Office (Code
JR).These reports shall be made as
early as possible and shall include immediately available information.
Supplemental reports shall be made to provide appropriate additional
information.Reports shall describe at
a minimum:

(1) The nature of the potential or actual dispute, including whether a
strike, lockout, slow-down, shut-down, or picketing is involved and the degree
of emergency presented;

(2) The character, quantity, and importance of the supplies,
operations, or services involved, including scheduled performance and delivery
dates and their relationship to the total acquisition program;

(3) The identity and location of the parties to the dispute and their
representatives, including the approximate number of employees involved;

(4) The need for and availability of alternative resources to furnish
the items involved within the time required;

(5) Any critical items that should be removed from the plant or work
site or should continue to be processed there with the consent of the parties
to the dispute; and

NASA
activities may not prevent the access of labor union representatives to
contract sites for the conduct of union business if their activities are
compatible with safety and security regulations and performance of the contract
work involved.

1822.103 Overtime.

1822.103-4 Approvals.

(a)The contracting officer is authorized to
approve overtime premiums at Government expense. If two or more contracting
offices have current contracts at a single facility and approval of overtime by
one will affect the performance or cost of contracts of another, the approving
official shall obtain the concurrence of other appropriate approving officials
and seek agreement as to the contracts under which premiums will be
approved.In the absence of evidence to
the contrary, a contracting officer may rely on the contractor's statement that
approval will not affect performance or payments under any contract of another
contracting office.

1822.103-5Contract clauses.

(a)See 1822.101-1(e).

Subpart 1822.3--Contract Work Hours and Safety Standards Act

1822.302 Liquidated damages andovertime pay.

(c)The Director of the Headquarters Contractor
Industrial Relations Office (Code JR) is the agency head designee.

(d)Disposal of funds withheld or collected for liquidated
damages shall be in accordance with direction of the Director of Code JR.

Contracting
officers shall submit requests for project wage determinations to GSFC at least
55 days (70 days if possible) before issuing the solicitation.

1822.406-8Investigations.

(a)The contracting officer is responsible for
conducting investigations of labor violations relative to contracts under their
cognizance.

(d)Reports of violations shall be sent to Code
JR.

1822.406-9Withholding from or suspension of contract payments.

(c)
(4)Code JR shall determine the disposal
of funds.

1822.406-13 Semiannual enforcementreports.

Procurement
officers shall submit semiannual enforcement data within 20 days after the end
of the specified reporting periods to the Headquarters Office of Procurement
(Code HK).Negative statements are
required.

Subpart 1822.6--Walsh-Healey Public Contracts Act

1822.604Exemptions.

1822.604-2 Regulatory exemptions.

(b)Requests for exemptions shall be submitted
in writing through the contracting officer to the Headquarters Contractor
Industrial Relations Office (Code JR).

Requests
for exemption pursuant to FAR 22.807(a)(1), (a)(2), or (b)(5) shall be sent to
the Headquarters Office of Procurement (Code HS).

1822.810Solicitation provisions and contract clauses.

(e)If an offeror completes a negative
representation under FAR 52.222-22, the contracting officer shall obtain the
information required by FAR 52.222-26(b)(7) within
30 days of contract award.This information
shall be held in confidence as privileged information in accordance with 32 CFR
286.6(b)(4).

Subpart 1822.10--Service Contract Act of 1965

1822.1001Definitions.

"Agency labor advisor" is the
Director of the Headquarters Contractor Industrial Relations Office (Code
JR).All contacts with other agencies
required by FAR Subpart 22.10 shall be conducted through Code
JR.Contracting officers shall submit
all pertinent information to Code JR in support of the required contacts.

1822.1008Procedures for preparing andsubmitting
Notice (SF 98/98a).

1822.1008-270Additional information for the preparation of SF 98/98a.

The
information listed below by item number shall be furnished, in addition to that
required by the SF 98/98a:

(a)
Item 6.Insert on the far left side of the block the
code identifying the type of proposed action:

Code

Proposed Action

I

New
contract (use only when services are not presently being performed).

II

Recompetition
of services.

III

Contract
modifications affecting the scope of the work.

IV

Extension
of contract performance through exercise of an option or otherwise.

V

Other.When a multiple year contract (funding is
not subject to annual appropriation) is to be entered into, specify
"multiple year R&D funded" on the SF 98.

(b)
Item 8.

(1)If the proposed contract will be awarded
under Section 8(a) of the Small Business Act, insert both the Small Business
Administration and the name of the subcontractor.

(2)
If no wage determination is available
for the particular contract, insert "None" in Item 8.b.

(c)
Item 10. Add the solicitation number.

(d)
Item 12.

(1)When entering into a new service contract,
list all classes of work expected to be performed under the contract under this
item, regardless of whether the class of employees is considered professional,
executive, administrative, or hourly.However, if submission of the SF 98/98a is in connection with any action
other than a new contract (Code I in paragraph (a) of this subsection), list
only the classes of work that the incumbent indicates are
"nonexempt."

(2)When classifications include both categories
of employees covered by a collective bargaining agreement and those not
represented by a union, mark the classifications that are unionized with an
asterisk.

(3)If the classification of work is not known,
use the most descriptive job title available for the work to be performed under
the contract.

(e)
Item 13.If the number of employees is not known, the
estimated hours required to perform the tasks should be indicated so that
staffing estimates can be determined and listed.

(f)
Item 14.Include in
this item the wage rates that would be paid if the employees were subject to 5
U.S.C. 5332 (GS grades).

SUBPART1832.11ELECTRONIC FUNDS TRANSFER

The
Associate Administrator for Procurement is the Agency remedy coordination
official.

Subpart 1832.1--Non-Commercial Item Purchase
Financing

1832.111Contractclauses for non-commercial purchases.

1832.111-70NASAcontractclause.

The
contracting officer shall insert the clause at 1852.232-79, Payment for On-Site
Preparatory Costs, in solicitations and contracts for construction on a
fixed-price basis when progress payments are contemplated and pro rata payment
of on-site preparatory costs to the contractor is appropriate.

(g)(2)
The installment payment rate shall be that which is common in the commercial
marketplace for the purchased item.If
there is no commonly used rate, the contracting officer shall determine the
appropriate rate.In no case shall the
rate exceed that established in the clause at FAR 52.232-30.

Subpart
1832.4--Advance Payments for Non-Commercial Items

1832.402
General.

(e)(1)The Director of the Headquarters Office of Procurement Contract
Management Division (Code HK) is the approval authority for all advance
payments except the following:

(A)The procurement officer is the approval authority for non-fee bearing
contracts with domestic entities when the cumulative contract value is
$25,000,000 or less, and for all increases to such contracts over $25,000,000
previously approved by the Headquarters Office of Procurement as long as the
advance payment amount outstanding at any time is not increased.

(B)The contracting officer is the approval authority for the following
actions. In these cases, a findings and determination (see FAR 32.410) is not
required.

(a)Small
Business Innovation Research (SBIR) and Small Business Technology Transfer
(STTR) Phase I contracts.A class
deviation has been signed authorizing use of advance payments on these
contracts.The contracting officer
shall annotate the contract file that the deviation is on file at the NASA
Headquarters Office of Procurement (Code HK).

(b)Expendable launch vehicle (ELV) service contracts. 42 U.S.C. 2459c
authorizes advance payments for these contracts. The contracting officer shall
document the contract file with the rationale for approving the use of advance
payments.

(b)(1) Each
installation is considered a contracting agency for the purposes of this
requirement.

1832.407
Interest.

(d)(1)
Advance payments without interest are authorized.

1832.409
Contracting officer action.

1832.409-1
Recommendation for approval.

1832.409-170
NASA procedure for approval.

In
addition to the items listed in FAR 32.409-1, requests for Headquarters
approval of advance payments (see 1832.402(e)(1)) shall include the following
information:

(a)
Name of the cognizant NASA Headquarters program or staff office;

(b)
Name and phone number of the contracting officer or negotiator;

(c) A
copy of the proposed advance payments clause;

(d) If
a profit/fee is contemplated, the factors considered in determining the
profit/fee (see 1815.404-470);

(e)
Information justifying the adequacy of security to cover the maximum advance
payment amount at any time outstanding.

1832.410
Findings, determination, andauthorization.

(b)
Generally, the format in FAR 32.410 should be used, tailored as follows:

(i) In format subparagraph (a)(2), use
the phrase "Advance payments (in an amount not to exceed $..... at any
time outstanding)" in all determinations and findings.The phrase means the maximum unliquidated dollar
amount a contractor would need in advance payments at any point in time for the
particular contract.The amount would
not usually be the full contract value.The amount inserted should be based on an analysis of the contractor's
financing needs (monthly or other appropriate period) for the specific contract
involved.

(ii) In the second sentence of format
subparagraph (a)(4), delete the reference to a special financial
institution account if no special financial
institution account is required.

(iii) Use format subparagraph (a)(6),
not (a)(7) or (a)(8).

(iv) At the end of format paragraph (b), use "is in the public
interest."

(v) in format paragraph (c), use the
phrase “(the amount at any time outstanding)" in all determinations and
findings.

1832.412
Contract clause.

(e)The contracting officer shall use Alternates IV and V when advance
payments are

provided on Phase I contracts of the Small Business
Innovation Research (SBIR) or Small Business Technology Transfer (STTR)
programs.

(f)See 1832.412(e).

1832.412-70NASA contract clauses.

When the clause at
FAR 52.232-12 or its Alternates II or V are used, insert the clause at
1852.232-70, NASA Modification of FAR 52.232-12.

Subpart
1832.5--Progress PaymentsBased on Costs

1832.501General.

1832.501-1
Customary progress paymentrates.

(a) The
customary progress payment rate for all NASA contracts is 85 percent for large
business, 90 percent for small business, 95 percent for small disadvantaged
business, and 100 percent for Phase II contracts in the Small Business
Innovation Research (SBIR) and Small Business Technology Transfer (STTR)
programs.The contracting officer shall
insert the applicable percentage in paragraphs (a) and (b) of the clause at FAR
52.232-16.

1832.501-2Unusualprogresspayments.

The Director of the Headquarters Office of
Procurement Contract Management Division (Code HK) is the approval authority
for the use of unusual progress payments.

(a) Scope. An NRA is used to announce
research interests in support of NASA’s programs, and, after peer or scientific
review using factors in the NRA, select proposals for funding.Unlike an RFP containing a statement of work
or specification to which offerors are to respond, an NRA provides for the sub­mission
of competitive project ideas, con­ceived by the offerors, in one or more
program areas of interest.An NRA shall
not be used when the requirement is sufficiently defined to specify an end
product or service.

(b) Issuance.

(1)Before issuance, each field-generat­ed NRA shall be approved by the
installa­tion director or designee, with the concurrence of the procure­­ment
officer, and each Headquarters-generated NRA shall be approved by the cognizant
Program Associate Administrator or designee, with the concurrence of the
Headquarters Offices of General Counsel (Code GK) and Procurement (Code
HS).In addition, the issuing office shall obtain input from the cognizant offices responsible
for matters of safety and mission assurance, occupational health, environmental
protection, information technology, export control, and security.Input shall also be obtained from the
appropriate systems safety organization for NRA's that may involve potentially
hazardous operations such as those related to flight and/or mission critical
ground systems. The NRA approval
authority shall designate the selection official.

(2)
The selection official shall assure that the NRA is synopsized prior to
issuance in accordance with FAR 5.201.The synopsis shall be brief, and the technical section describing the
area of interest should not exceed 50 words.

(3)
If a Headquarters-generated NRA may result in awards by a NASA field
installation, the issuing office shall notify the installation procurement
officer and provide a copy of the NRA.

(4) The selecting official is responsible for the preparation and
distribution of the NRA.

(5) NRAs normally shall remain open for at least 90 days.

(c) Content.The NRA shall consist of the following sections and items.The entire package shall be provided in
response to requests.

(1) Cover. The cover shall display:

(i) "OMB Approval Number 2700-0087" in the upper right corner.

(ii) Title.

(iii) "NASA Research Announcement Soliciting Research Proposals for
the Peri­od Ending".

(iv) NRA number.

(v) Official address for the office issuing the NRA.

(2) Summary and Supplemental Infor­mation.

(i)
The Summary and Supplemental Information should not exceed two pages and shall
include:

(A) Title and NRA number.

(B) The following statement concerning safety:

"
Safety is the freedom from those conditions that can cause death, injury,
occupational illness, damage to or loss of equipment or property, or damage to
the environment.NASA's safety priority
is to protect:(1) the public, (2) astronauts
and pilots, (3) the NASA workforce (including employees working under NASA
instruments), and (4) high-value equipment and property.

(C)
Introductory paragraphs describ­ing the purpose of the NRA and the period for
receipt of proposals.

(D) Address for submitting proposals.

(E) Number of copies required.

(F) Selecting official's title.

(G) Names, addresses, and tele­phone num­bers for the technical and
contracting points of contact.

(H) The following statement when the NRA is to be issued before funds
are available:

"Funds
are not currently available for awards under this NRA.The Government's obligation to make award(s)
is contingent upon the avail­ability of appropriated funds from which payment
can be made and the receipt of pro­posals that NASA de­ter­mines are accept­able
for award un­der this NRA."

(ii) The Summary and Supplemental
Information may include estimates of the amount of funds that will be avail­able
and the number of anticipated awards.A
breakdown of the estimates by research area may also be shown.

(3) Technical Description.The first page shall contain the NRA number
and title at the top.A brief
description not exceeding two pages is preferable, but it should be detailed
enough to enable ready comprehen­sion of the research areas of interest.Speci­fications containing detailed state­ments
of work should be avoid­ed.Any program
manage­ment information included must be limited to matters that are essential
for proposal preparation.

(2)
Late propos­als and modifications shall be treated in accordance with 1815.208.

(3)
The selection decision shall be made following peer or scientific review of a
proposal.Peer or scientific review
shall involve evaluation by an in-house special­ist, a specialist outside NASA,
or both.Evaluation by specialists
outside NASA shall be conducted subject to the conditions in 1815.207. After
receipt of a proposal and before selection, scientific or engineering personnel
shall communicate with an offeror only for the purpose of clarifica­tion (as
defined in FAR 15.306), or to understand the meaning of some aspect of the
proposal that is not clear, or to obtain confirmation or substantiation of a
proposed approach, solution, or cost esti­mate.

(4)
Competitive range determinations shall not be made, and final proposal
revisions shall not be requested.

(5)Part of a proposal may be
selected unless the offeror requests other­wise.In addition, changes to a selected proposal may be sought if (i)
the ideas or other aspects of the proposal on which selection is based are
contained in the proposal as originally submitted, and are not intro­duced by
the changes; and (ii) the changes sought would not involve a material alter­ation
to the requirements stated in the NRA.Changes that would affect a proposal's selection shall not be
sought.When changes are desired, the
selecting official may request revi­sions from the offeror or request the
contracting officer to implement them during negotiations with the successful
offeror(s). The changes shall not transfer information from one offeror's
proposal to another offeror (see FAR 15.306(e).When collaboration between offerors would improve proposed
research programs, collaboration may be suggested to the offerors.

(6)
The basis for selection of a proposal shall be documented in a selection state­ment
applying the evaluation factors in the NRA.The selection statement represents the conclusions of the selecting
official and must be self-contained.It
shall not incorpo­rate by reference the evaluations of the reviewers.

(7)
The selecting official shall notify each offeror whose proposal was not select­ed
for award and explain generally why the proposal was not selected.If requested, the selecting official shall
arrange a debriefing under FAR 15.5, with the participation of a contracting
officer.

(8)
The selecting official shall for­ward to the contracting officer the following
information:

(i)A
copy of the NRA (This requirement may be waived in the case of a grant award at
the discretion of the grant officer);

(ii)The results of the technical evalua­tion, including the total number of
propos­als received, the selection statement, and the listing of proposal(s)
selected for funding (These requirements may be waived in the case of a grant
award at the discretion of the grant officer if the purchase request
specifically references the NRA number and states that the proposal forwarded
for funding was selected under the NRA.);

(iii) A description of any chang­es de­sired in any offeror's statement
of work, includ­ing the reasons for the changes and any effect on level of
funding;

(iv) If a contract will be used to fund the proposal, a description of
deliver­ables, including technical reports, and delivery dates, consistent with
the require­ments of the NRA;

(v) A procurement request;

(vi) Comments on the offeror's cost pro­posal (either the selecting
official's com­ments, which may be based on the reviewers' comments, or copies
of the reviewers' comments with any different conclusions of the selecting
official); these comments shall address the need for and reasonableness of
travel, computer time, materials, equipment, subcontracted items, publication
costs, labor hours, labor mix, and other costs; and

(vii) A copy of the selected propos­al as originally submitted, any revi­sions,
and any correspondence from the successful offeror.

(9)
The selecting official may pro­vide to the contracting officer copies of the
reviewers' evaluations.Reviewers'
names and institutions may be omitted.

(10)
The selecting official may provide each offeror whose proposal was selected for
negotiation a notification stating:

(i) The proposal has been selected
for negotiation;

(ii) The offeror's business office will be contacted by a contract­ing
officer, who is the only official autho­rized to obligate the Government; and

(iii) Any costs incurred by the offer­or in anticipation of an award are
at the offer­or's risk.

(1)
Advise the offeror that the Govern­ment contemplates entering into negotia­tions;
the type of contract contemplated; and the estimated award date, anticipated
effort, and delivery schedule;

(2)
Send the offeror a model contract, if necessary, including modifications con­templated
in the offeror's statement of work, and request agreement or identifica­tion of
any exceptions (the contract state­ment of work may summarize the proposed
research, state that the research shall be conducted in accordance with certain
tech­nical sections of the proposal (which shall be identified by incorporating
them into the contract by reference), and identify any changes to the proposed
research);

(3) Request the offeror to
complete and return certifications and representations and Standard Form 33,
Solicitation, Offer, and Award, or other appropriate forms.If FAR 52.219-9, Small Business
Subcontracting Plan, is required for the resultant contract, request the
offeror to provide a subcontracting plan;

(4)
Conduct negotiations in accordance with FAR Subparts 15.3 and 15.4, as appli­cable;

(5)
Award a contract; and

(6)
Comply with FAR Subparts 4.6 and 5.3 on contract reporting and synopses of
contract awards.

(f) Cancellation of an NRA.When pro­gram changes, program funding, or
any other reasons require can­cellation of an NRA, the offi­ce issuing the NRA
shall notify potential offerors by using the mail­ing list for the NRA.

1835.016-72Foreign participation in NRA proposals.

Foreign proposals or U.S. proposals with foreign
participation shall be treated in accordance with 1835.016-70.Additional guidelines applicable to foreign
proposers are contained in the provision at 1852.235-72, Instructions for
Responding to NASA Research Announcements.

1835.070NASAcontractclauses andsolic­itation
provision.

(a)The contracting officer must insert the
clause at 1852.235-70, Center for AeroSpace Information - Final Scientific and Technical
Reports, in all research and development contracts, interagency agreements, and in cost-reim­bursement supply
contracts involving re­search and development work.

(b) The
contracting officer shall insert the clause at 1852.235-71, Key Personnel and
Facilities, in contracts when source selec­tion has been substantially
predicated upon the possession by a given offeror of special capabilities, as
represented by key personnel or facilities.

(c)The contracting officer shall ensure that
the provision at 1852.235-72, Instructions for Responding to NASA Research
Announcements, is inserted in all NRAs.The instructions may be supplemented, but only to the minimum extent
necessary.

(a) The
contracting officer shall insert the provision at 1852.236-71, Additive or
Deductive Items, in invitations for bids for construction when it is desired to
add or deduct bid items to meet available funding.

(b) The
contracting officer shall insert the provision at 1852.236-72, Bids with Unit
Prices, in invitations for bids for construction when the invitation
contemplates unit prices of items.

(c) The
contracting officer shall insert the clause at 1852.236-73, Hurricane Plan, in
solicitations and contracts for construction at sites that experience hurricanes.

(d) The
contracting officer shall insert the provision at 1852.236-74, Magnitude of
Requirement, in solicitations for construction.Insert the appropriate estimated dollar range in accordance with
FAR 36.204.

Subpart 1836.6--Architect-Engineer Services

1836.602Selectionoffirmsforarchitect-engineercontracts.

1836.602-1Selectioncriteria.

(a)(2)
The evaluation of specialized experience and technical competence shall be
limited to the immediately preceding ten years.

(a)(4)
The evaluation of past performance shall be limited to the immediately
preceding ten years.

(a)(6)
The architect-engineer selection board may also establish evaluation criteria
regarding the volume of work previously awarded to the firm by NASA, with the
object of effecting an equitable distribution of contracts among qualified
architect-engineer firms, including minority-owned firms and firms that have
not had prior NASA contracts.

1836.602-2Evaluationboards.

(a) Installations
shall establish an architect-engineer selection board to be composed of the
selection authority and at least three voting members.Membership shall at least include: one
currently registered architect or professional engineer, who shall serve as the
board chairperson; an official from the requiring office; if appropriate, a
technical official familiar with any unique subject matter critical to the
requirement; and a procurement official (a contracting officer, if feasible) as
an ad hoc advisor to the board.Where
appropriate, the procurement official may serve as a voting member.
Non-Government employees shall not be appointed as voting members.

1836.602-4Selectionauthority.

(a) The
selection authority shall be appointed in accordance with installation
procedures.

The
procedures at FAR 36.602-5(a) or (b) may be used at the discretion of the
selection authority.

1836.602-70Selectionofarchitect-engineerformasterplanning.

(a)Definition
of master plan. A master plan is an integrated series of documents
presenting in graphic, narrative, and tabular form the present composition of
the installation and the plan for its orderly and comprehensive development to
perform its various missions in the most efficient and economical manner.

(b) Selection.

(1)
Selection of an architect-engineer for the development of a master plan in
connection with the establishment of a new NASA activity or installation shall
be made by the Associate Administrator having institutional
responsibility.The report of the
architect-engineer selection board will be concurred in at NASA Headquarters by
the Associate Administrator for Management Systems and Facilities, the
Associate Administrator for Procurement, the Chief Financial Officer, and the
General Counsel.

(2)
The Associate Administrator for Management Systems and Facilities shall be
responsible for the architect-engineer selection board report required by FAR
36.602-3(d) before presentation to the Associate Administrator having
institutional responsibility.

1836.603Collectingdataonandappraisingfirms'qualifications.

The architect-engineer
selection boards (see 1836.602-2) are designated as NASA's evaluation boards
for the purposes of FAR 36.603.

1836.605
Government cost estimate for architect-engineer work.

(b) The
contracting officer may disclose the overall amount of the Government estimate
after award upon request of offerors.

(a)(i) Instructions for completing
Standard Form 252, Architect-Engineer Contract, are as follows:

(A)Block5-ProjectTitleandLocation. Include
a short description of the construction project and the estimated cost of
constructing the facilities for the project.If the space provided is insufficient, include a more detailed
description in the contract's specification/work statement and identify the
location of the more detailed description in Block 10.

(B)Block6-ContractFor(Generaldescriptionofservicestobeprovided).
Include a brief description of the services and state that they are fully set
out in the specification/workstatement.Clearly specify the
date by which design services must be completed.If supervision and inspection services during construction are to
be acquired, clearly specify the date by which they must be completed and add a
statement that the Government may extend the period for their performance as
provided in the Changes clause of the contract.

(C)Block7-ContractAmount.If the contract is for both design and supervision and inspection
services, set out the amounts for each effort separately.

(ii) The services to be furnished by an
architect-engineer should be carefully defined during negotiation of the
contract and a statement of them inserted in the contract's specification/work
statement.The statement should clearly
and concisely set forth the nature and extent of the servicesand include any special services, such as
the nature and extent of subsurface exploration prior to

PART 1837

SERVICE CONTRACTING

TABLE OF
CONTENTS

SUBPART 1837.1 SERVICE CONTRACTS--GENERAL

1837.101Definitions.

1837.104Personal
services contracts.

1837.110Solicitation
provisions and contract clauses.

1837.110-70NASA
solicitation provision and contract clauses.

1837.170Pension
portability.

SUBPART1837.2ADVISORY AND ASSISTANCE SERVICES

1837.203Policy.

1837.204Guidelines
for determining availability of personnel.

PART 1837

SERVICE
CONTRACTING

Subpart 1837.1--Service
Contracts--General

1837.101
Definitions.

“Pension portability" means the recognition and continuation in a
successor service contract of the predecessor service contract employees'
pension rights and benefits.

1837.104
Personal services contracts.

(b)
Section 203(c)(9) of the National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(9)) authorizes NASA "to obtain services as authorized by Section
3109 of Title 5, United States Code." It is NASA policy to obtain the
personal services of experts and consultants by appointment rather than by
contract.The policies,
responsibilities, and procedures pertaining to the appointment of experts and
consultants are in NPG 3300.1, Appointment of Personnel To/From NASA,
Chapter 4, Employment of Experts and Consultants.

1837.110
Solicitation provisions and contract clauses.

1837.110-70
NASA solicitation provision and contract clauses.

(a) The
contracting officer shall insert the clause at 1852.237-70, Emergency
Evacuation Procedures, in solicitations and contracts for on-site support
services where emergency evacuations of the NASA installation may occur, e.g.,
snow, hurricanes, tornadoes, earthquakes, or other emergencies.

(b) The
contracting officer shall insert the clause at 1852.237-71, Pension
Portability, in solicitations, contracts or negotiated contract modifications
for additional work when the procurement officer makes the determination in
1837.170(a)(2).

(a) It is
NASA's policy not to require pension portability in service contracts.However, pension portability requirements
may be included in solicitations, contracts, or contract modifications for
additional work under the following conditions:

(1)(i) There is a continuing need for the
same or similar services for a minimum of five years (inclusive of options),
and, if the contractor changes, a high percentage of the predecessor
contractor's employees are expected to remain with the program; or

(ii) The employees under a predecessor contract were covered by a
portable pension plan, a follow-on contract or a contract consolidating
existing services is awarded, and the total contract period covered by the plan
covers a minimum of five years (including both the predecessor and successor
contracts); and

(2)
The procurement officer determines in writing, with full supporting rationale,
that such a requirement is in the Government's best interest.The procurement officer shall maintain a
record of all such determinations.

(b) When
pension portability is required, the plan shall comply with the requirements of
the clause at 1852.237-71, Pension Portability, (see 1837.110-70(b)), and the
contract shall also include a clear description of the plan, including service,
pay, liabilities, vesting, termination, and benefits from prior contracts.

Subpart 1837.2--Advisory and
Assistance Services

1837.203Policy.

(c)
Advisory and assistance services of individual experts and consultants shall
normally be obtained by appointment rather than by contract (see NPG
3300.1, Appointment of Personnel To/From NASA, Chapter 4, Employment of Experts
and Consultants).

1837.204
Guidelines for determining availability of personnel.

(a)(i) Outside peer review evaluators may
be used to evaluate SBIR, STTR, NRA, AO, and unsolicited proposals without
making the determination of non-availability.

(ii)For all other actions, the NASA official one level above the NASA program
official responsible for the evaluation shall make the determination, with the
concurrence of the legal office.The
contracting officer shall ensure that a copy of the determination is in the
contract file prior to issuance of a solicitation.

(b) The
official designated in paragraph (a)(ii) of this section is responsible for the
actions required in FAR 37.204(b).

(c) The
agreement shall be made by the program official responsible for the evaluation
and the contracting officer.

(e) The
Associate Administrator for Procurement (Code HS) is the approval authority for
class determinations.The class
determination request shall include the assessment required by FAR 37.204(b).

(vi) For contracts placed directly with
Canadian firms, audits are requested by the contracting officer from the Audit
Services Branch, Comptroller of the Treasury, Department of Finance, Ottawa,
Ontario, Canada. Invoices are approved by the auditor on a provisional basis
pending completion of the contract and final audit. These invoices, accompanied
by SF 1034, are forwarded to the contracting officer for further processing and
transmittal to the fiscal or financial management officer. Periodic advisory
audit reports are furnished directly to the contracting officer.

1842.202-70Retention of contract administration.

(a) The
assignment of contract administration is optional for the following contracts:

(1)
Research and development study contracts not involving deliverable hardware or
Government furnished property.

(a)The cognizant contracting officer may
appoint a qualified Government employee to act as their representative in
managing the technical aspects of a particular contract.If
necessary, the contracting officer may appoint an alternate COTR to act during
short absences of the COTR.Technical
organizations are responsible for ensuring that the individual they recommend
to the contracting officer possesses training, qualifications and experience
commensurate with the duties and responsibilities to be delegated and the
nature of the contract.

(b) NASA
Form 1634, Contracting Officer Technical Representative (COTR) Delegation,
shall be used to appoint COTRs.A
COTR’s duties and responsibilities may not be redelegated by the COTR and the
COTR may be held personally liable for unauthorized acts.However, this does not prohibit the COTR
from receiving assistance for the purpose of monitoring contractor progress and
gathering information.When an
individual is appointed as a COTR on more than one contract, separate
delegations shall be issued for each contract.A separate NASA Form 1634 will be used to appoint an alternate COTR.

(c) A
COTR delegation remains in effect throughout the life of the contract unless
canceled in writing by the cognizant contracting officer or at any level above
that contracting officer.The
contracting officer may modify the delegation only by issuance of a new
delegation canceling and superseding the existing delegation.

(d) A
COTR shall not be authorized to initiate procurement actions or in any way
cause a change to the contract or increase the Government's financial
obligations.However, delegations may
be made to construction contract COTRs to sign emergency on-site change orders
with an estimated value not to exceed the value specified in writing by the contracting
officer in the NASA Form 1634 but in no event to exceed $25,000.

(e) Each
COTR shallacknowledge receipt and
accept the delegation by signing the original delegation letter.The original of the COTR delegation letter
shall be filed in the applicable contract file.Copies of the signed COTR delegation letter shall be distributed
to the COTR, the contractor, and each cognizant contract administration
office.Acknowledgment and distribution
for terminations of COTR delegations and COTR delegations which revise
authority, duties and responsibilities shall follow the same rules.

(f) (1)Mandatory training for COTRs and their
alternates shall include the following core topic areas:

(2)Procurement officers are responsible for
assuring that the course(s) utilized by their center address the mandatory core
topics in sufficient detail for the purpose of COTR training.Procurement officers may accept the
following training alternative(s) in satisfaction of comparable requirement(s)
specified in paragraph (f)(1) of this section:

(i)Another center's COTR training; or

(ii) Annual ethics training.

(g) The
contracting officer shall verify that the COTR has received the mandatory
training before signing NASA Form 1634.If an urgent need arises for the appointment of a COTR and no trained
and otherwise qualified individual is available, then the procurement officer
may make a temporary COTR appointment not to exceed six months.Temporary appointments must be so identified
and clearly reflect the appointment expiration date.

(h) No
technical direction may be issued by a COTR relative to performance-based
contract requirements or when serving under a temporary appointment.

1842.271
NASA clause.

Insert
the clause at 1852.242-70, Technical Direction, when paragraph 3(m) of the NASA
Form 1634 specifically authorizes a COTR to issue technical direction.

Subpart 1842.3--Contract Administration Office Functions

1842.302 Contract
administration functions.

(a) In addition to the responsibilities
listed in FAR 42.302(a), responsibility for reviewing earned value management
system (EVMS) plans and verifying initial and continuing contractor compliance
with NASA and DoD EVMS criteria and conformity with ANSI/EIA Standard 748,
Industry Guidelines for EVMS, is normally delegated to DCMC.

Subpart 1842.5--Postaward Orientation

1842.503
Postaward conferences.

(1) A postaward conference shall be
held with representatives of the contract administration office when --

(i) A contract is expected to exceed
$10,000,000;

(ii) Contract performance is required
at or near a NASA installation or NASA-controlled launch site;

ensure
that audit recommendations are resolved within 6 months after receipt of the
audit report and corrected as expeditiously as possible.

(c)(1) The identification and tracking of contract audit reports under
NASA cognizance are accomplished in cooperation with the DCAA.

(2) Identification and tracking of OMB Circular No. A-133
audit reports are accomplished in cooperation with the NASA Office of the
Inspector General (OIG).

(ii)
Questioned costs of $10,000 or more due to an audit finding (see Subpart
E-Auditor, paragraph 510 of OMB Circular No. A-133).

(3) NASA contracting officers will maintain a dialogue with
DOD Administrative Contracting Officers (ACO) who have been delegated
activities on NASA contracts.A review
will be conducted no less frequently than semiannually, and the status and
disposition of significant audit findings will be documented in the contract
file.During this review, NASA
contracting officers should discuss with the ACO both prime and subcontract
audit reports that have been delegated to DOD.Should these reports contain any findings or recommendations, the NASA
contracting officer should obtain their status and document the contract file
accordingly.

(e)(1) The terms “resolution” and “corrective action/disposition”
are defined as follows:

(i)Resolution - The point at which the IG and
Management agree on the action to be taken on audit report findings and
recommendations.

(2) The resolution and disposition of OMB Circular No. A-133
audits are handled as follows:

(i)
Audit findings pertaining to an individual NASA award are the responsibility of
the procurement officer administering that award.

(ii)
Audit findings having a Governmentwide impact are the responsibility of the
cognizant Federal agency responsible for oversight.For organizations subject to OMB Circular No. A-133, there is
either a cognizant agency or an oversight agency.The cognizant agency is the Federal agency that provides the
predominant amount of direct funding to the recipient organization unless OMB
makes a specific cognizant agency foraudit
assignment.To provide for the
continuity of cognizance, the determination of the predominant amount of direct
funding will be based on the direct Federal awards expended in the recipient’s
fiscal years ending in 1995, 2000, 2005, and every fifth year thereafter.When there is no direct funding, the Federal
agency with the predominant indirect funding is to assume the oversight
responsibilities.In cases where NASA
is the cognizant or oversight Federal agency, audit resolution and disposition
is the responsibility of the procurement officer for the Center having the
largest amount of direct funding, or, if there is no direct funding, the
largest amount of indirect funding for the audited period.A copy of the memorandum dispositioning the
findings shall be provided by each Center having resolution responsibility for
the particular report to the Headquarters OIG office and Code HK.

Subpart 1842.74--Earned Value Management

1842.7401 Earned Value Management Systems (EVMS).

When an offeror or contractor is required to provide an EVMS plan to the
Government in accordance with NASA Policy Directive (NPD) 9501.3, Earned Value
Management, the contracting officer shall forward a copy of the plan to the
cognizant administrative contracting officer (ACO) to obtain the assistance of
the ACO in determining the adequacy of the proposed EVMS plan.

As authorized
in the prefaces of clauses FAR 52.243-1, Changes--Fixed Price; FAR 52.243-2,
Changes--Cost Reimbursement; and FAR 52.243-4, Changes; and in the prescription
at 43.205(c) for FAR 52.243-3, Changes--Time-and-Material or Labor-Hours, the
period within which a contractor must assert its right to an equitable
adjustment may be varied not to exceed 60 calendar days.

1843.205-70 NASAcontractclauses.

(a)(1)
The contracting officer may insert in contracts a clause substantially the same
as 1852.243-70, Engineering Change Proposals, when ECPs are expected.Paragraphs (c) and (d) of the basic clause
and Alternate I of the clause shall be changed to reflect the specific type of
contract

(2)
If it is desirable to preclude a large number of small-dollar,
contractor-initiated engineering changes and to reduce the administrative cost
of reviewing them, the contracting officer shall use the clause with its
Alternate I.

(3)
If the contract is a cost-reimbursement type, the contracting officer shall use
the clause with its Alternate II.

(b) The contracting
officer may insert a clause substantially as stated at 1852.243-72, Equitable
Adjustments, in solicitations and contracts for –

(1)
Dismantling, demolishing, or removing improvements; or

(2)
Construction, when the contract amount is expected to exceed the simplified
acquisition threshold and a fixed-price contract is contemplated.

Subpart 1843.70--Undefinitized
Contract Actions

1843.7001 Definitions.

"Undefinitized contract action
(UCA)" means a unilateral or bilateral contract modification or
delivery/task order in which the final price or estimated cost and fee have not
been negotiated and mutually agreed to by NASA and the contractor. (Issuance of
letter contracts and their modifications are governed by subpart 1816.6.)

1843.7002
Policy.

Undefinitized contract actions shall be executed by contracting officers
on an exception basis and shall be limited to the minimum urgent
requirements.The contract file for all
UCAs shall be documented to justify issuance and shall include a Government
estimate for the changed requirements.

1843.7003
Procedures.

(a)
Issuance of undefinitized contract actions with a Government estimated cost or
price over $1,000,000 must be approved in writing by the Center Director.This approval authority is not
delegable.Issuance of undefinitized
contract actions with a Government estimated cost or price less than or equal
to $1,000,000 shall also be minimized but may be approved on an exception basis
in accordance with installation procedures.

(b)(1)
Undefinitized contract actions exceeding $1,000,000 approved by the Center
Director shall be issued as bilateral agreements setting forth a ceiling price
or "not to exceed" estimated cost figure for the changed contractual
requirements.For fixed price contracts
the negotiated price for the changed contract requirements shall not exceed the
established ceiling price.In the case
of cost type contracts any costs eventually negotiated for the changed
requirements in excess of the "not to exceed" estimated cost figure
shall be non-fee bearing.The ceiling
price or "not to exceed" estimated cost figures shall be separately
identified in the UCA instrument from the pricing structure of the basic
contract.

(2)
The Center Director may waive the ceiling price or "not to exceed"
estimated cost figure and bilateral agreement requirements prior to UCA
issuance on the basis of urgency.This
waiver authority is not delegable.Any
waivers shall be documented in the contract file.

(c) The
changed contractual requirements set forth in the UCA shall be clearly defined
and shall be limited to the minimum effort required to satisfy urgent program
requirements while a cost proposal is prepared, analyzed and negotiated.

(d) For
undefinitized contract actions with a Government estimate greater than
$1,000,000 and not excepted under subpart 1843.7004, a 180 day funding profile
shall be obtained from the contractor prior to execution of the undefinitized
contract action.

PART 1844

SUBCONTRACTING POLICIES AND PROCEDURES

TABLE OF CONTENTS

SUBPART1844.2CONSENT TO SUBCONTRACTS

1844.201Consent
and advance notification requirements.

1844.201-1Consent
requirements.

1844.202Contracting
officer’s evaluation.

1844.202-1Responsibilities.

1844.204Contract
clauses.

1844.204-70NASA
contract clause.

SUBPART1844.3CONTRACTORS' PURCHASING SYSTEMS REVIEWS

1844.302Requirements.

1844.302-70DCMA-conducted
contractor purchasing system reviews

1844.302-71NASA-conducted
contractor purchasing systems reviews.

1844.304Surveillance.

1844.304-70Contracting
officer surveillance.

1844.305Granting,
withholding, or withdrawing approval.

1844.305-70Review
of CPSR reports.

PART 1844

SUBCONTRACTING POLICIES AND PROCEDURES

Subpart 1844.2--Consent to Subcontracts

1844.201
Consent and advance notification requirements.

1844.201-1
Consent requirements.

(a)(i)In determining special surveillance consent requirements, the
contracting officer should consider specific subcontract awards, as well as any
individual systems, subsystems, components, technologies, and services that
should have contracting officer consent prior to being subcontracted.

(ii) For each planned contract award
expected to exceed $1 million in total estimated value (inclusive of options),
the contracting officer should consider such factors as the followingto determine whether certain subcontracts
require special surveillance:

(A) The degree of subcontract
pricing uncertainties at the time of contract award;

(B) The overall quality of
the contractor's approach to pricing subcontracts;

(C)The extent of
competition achieved, or to be achieved, by the contractor in the award of
subcontracts;

(D) Technical complexity and
the criticality of specific supplies, services, and technologies on the
successful performance of the contract; and

(iii) The contracting officer shall
document results of the review in the contract file.For contract modifications and change orders, the contracting
officer shall make the determination required by paragraph (a)(ii) of this section whenever the value
of anysubcontract resulting from the
change order or modification is proposed to exceedthe dollar threshold for obtaining cost or pricing data (see
FAR15.403-4(a)(1)) or is one of a number of subcontracts with a single subcon­tractor
for the same or related supplies or services that are expected cumulatively to
exceed the dollar threshold for obtaining cost or pricing data.

(iv) In addition, any subcontract under a cost type prime contract shall be
identified for special surveillance if consent was not provided at the time of
contract award and cost or pricing data would be required in accordance with
FAR 15.404-3(c).

The
contracting officer shall insert the clause at 1852.244-70, Geographic
Participation in the Aerospace Program, in all research and development
solicitations and contracts of $500,000 or over that will be performed within
the United States.

Subpart 1844.3--Contractors' Purchasing Systems Reviews

1844.302Requirements.

1844.302-70DCMA-conducted contractorpurchasing system reviews.

For contracts within their cognizance, NASA contracting officers
shall be aware of purchasing system approval status and should become actively
involved with the Defense Contract Management Agency (DCMA) in the Contractor
Purchasing System Review (CPSR) process. Involvement should include the
following:

(a) Verifying that CPSRs are being conducted in accordance
with FAR 44.302.

(b) Ensuring that purchasing system review specifically
includes the business unit performing the NASA contract.

(c) Actively participating as a team member, or arranging NASA
representation, on DCMA CPSRs to review areas of NASA-specific interest. At a
minimum, such participation or representation shall be arranged when the DCMA
CPSR review involves--

(1) Contractors with major NASA programs;

(2) Contractors' business units where the total dollar value
of NASA contracts is substantial; or

(3) Any contractor system where the contracting officer has
special concerns.

(d) Ensuring that the selected CPSR sample to be reviewed
reflects the level of NASA business in the contractor's purchasing
organization.

(e) Providing to the cognizant DCMA CPSR team leader any areas
of special emphasis regarding the contractor's purchasing system to ensure that
the review is tailored to address any NASA concerns.

1844.302-71NASA-conducted contractorpurchasing system reviews.

If a NASA activity is the cognizant contract administration
office, or after coordination with the cognizant DCMA CPSR office it is
determined that a CPSR is required but cannot be accomplished by DCMA, then a
CPSR should be conducted by NASA personnel. The NASA CPSR team leader:

(a) May use the DOD FAR Supplement, Contractor Purchasing
System Review (CPSR) guidance, as a general guide to conducting the CPSR.

(b) May vary the scope of review depending on the contractor
and contracts involved.

(c) Shall maintain close coordination with the cognizant ACO
during CPSRs at contractors under DOD cognizance.

1844.304 Surveillance.

1844.304-70 Contracting
officer surveillance.

(a) In the period between complete CPSRs, NASA contracting
officers shall maintain a sufficient level of surveillance to ensure contractor
purchasing efforts in support of NASA contracts are accomplished in an
appropriate manner and protect the interests of the Agency.

(b) Surveillance shall be accomplished primarily through
performance of subcontract consent reviews. Other methods of surveillance,
including periodic reviews of contractor purchasing records, may also be
conducted. Contracting officers shall document the results of subcontract
consent reviews and periodic reviews, maintaining a record of contractor
subcontract or purchase order award performance on NASA contracts. Contractor
performance shall be summarized on an annual basis and provided to the ACO
cognizant of the contractor's purchasing system. Annual reports should
summarize the number of consent reviews and other reviews conducted during the
year by NASA representatives, and summarize the types and quantity of
deficiencies identified during reviews, the need for special reviews, and
recommended areas of emphasis during future CPSRs.

1844.305 Granting,
withholding, orwithdrawing
approval.

1844.305-70 Review of
CPSR reports.

ACO actions related to purchasing system approval have a
potential impact on NASA contracting officer consent requirements. Accordingly,
NASA contracting officers shall review system deficiencies documented in CPSR
reports and when results of consent reviews and other sources conflict with
CPSR or DOD surveillance conclusions, formally communicate such concerns to the
ACO having cognizance of purchasing system approval. Significant issues or
significant conflicts with DOD CPSR results should be formally referred to the
Office of Procurement (Code HS).

(A) I.2BID ENVELOPES (GSFC 52.214-90)
(AUGUST 1987)This example is
applicable when identifying the title of provisions and clauses in
solicitations and contracts using the uniform contract format (UCF).The first number ("I.2")designates the UCF section and the
sequential clause within that section."GSFC 52.214-90"specifies the clause number.

(B)GSFC 52.214-90--Bid Envelopes (AUGUST 1987)This example is applicable in all instances
in which the provision or clause citation is not associated with the UCF
number.

(c) Contracting officers shall not number
provisions and clauses developed for individual acquisitions only.For example, "F.3 Delivery Procedures
for Special Hardware" cites the third clause in Section F of a contract
using the UCF, but has no clause number or date identified with it, indicating
that the clause was developed for the particular contract it appears in.

1852.103-70 Identification of modified
provisions and clauses.

When a FAR clause or provision is included in
a solicitation or contract and the NFS prescribes a modification, the title
line shall identify the modification as shown below. This format shall be used
both for incorporation by reference and when using full text.

1852.104 Procedures for modifying and
completing provisions and clauses.

NFS provisions and clauses shall not be
modified unless authorized by the NFS.When authorized, contracting officers must comply with the procedures in
FAR 52.104.

Subpart 1852.2--Text of Provisions and Clauses

1852.203-70Display of Inspector General Hotline
Posters.

As prescribed in
1803.7001, insert the following clause:

DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS

(JUNE 2001)

(a)The Contractor shall display prominently in
common work areas within business segments performing work under this contract,
Inspector General Hotline Posters available under paragraph (b) of this clause.

(1)“Central
Contractor Registration (CCR) database” means the primary DoD repository
for contractor information required for the conduct of business with NASA.

(2)“Data
Universal Number System (DUNS) number” means the 9-digit number assigned by
Dun and Bradstreet Information Services to identify unique business entities.

(3)“Data
Universal Numbering System +4 (DUNS+4) number” means the DUNS number
assigned by Dun and Bradstreet plus a 4-digit suffix that may be assigned by a
parent (controlling) business concern.This 4-digit suffix may be assigned at the discretion of the parent
business concern for such purposes as identifying sub-units or affiliates of
the parent business concern.

(4)“Commercial
and Government Entity Code (CAGE Code)” means –

(i)A code assigned by the Defense Logistics Information Service
(DLIS) to identify a commercial or Government entity; or

(ii) A code assigned by a member of
the North Atlantic Treaty Organization (NATO) that is recorded and maintained
by DLIS in the CAGE master file.

(5)“Registered
in the CCR database” means that all mandatory information, including the
DUNS number or the DUNS+4 number, if applicable, and the corresponding CAGE
code, is in the CCR database; the DUNS number and the CAGE code have been
validated; and all edits have been successfully completed.

(b)(1) By
submission of an offer, the offeror acknowledges the requirement that a
prospective awardee must be registered in the CCR database prior to award,
during performance, and through final payment of any contract resulting from
this solicitation, except for awards to foreign vendors performing work outside
of the United States.

(2)The Contracting Officer will verify that the
offeror is registered in the CCR database.

(3)Lack of registration in the CCR database
will make an offeror ineligible for award after March 31, 2001.

(4)DoD has established a goal of registering an
applicant in the CCR database within 48

hours after receipt of a complete and accurate application
via the Internet.However, registration
of an applicant submitting an application through a method other than the
Internet may take up to 30 days.Therefore, offerors that are not registered should consider applying for
registration immediately upon receipt of this solicitation.

(c)The Contractor is responsible for the
accuracy and completeness of the data within the CCR, and for any liability
resulting from the Government’s reliance on inaccurate or incomplete data.To remain registered in the CCR database
after the initial registration, the Contractor is required to confirm on an
annual basis that its information in the CCR database is accurate and complete.

(d)Offerors and contractors may obtain
information on registration and annual confirmation requirements via the
Internet at http://www.ccr2000.com or by calling 888-CCR-2423 (888-227-2423).

(End of clause)

1852.204-75 Security Classification
Requirements.

As prescribed in 1804.404-70, insert the
following clause:

SECURITYCLASSIFICATION REQUIREMENTS

(SEPTEMBER
1989)

Performance under this contract will involve
access to and/or generation of classified information, work in a security area,
or both, up to the level of
[insert the applicable security clearance level].See Federal Acquisition Regulation clause 52.204-2 in this
contract and DD Form 254, Contract Security Classification Specification,
Attachment [Insert the attachment number
of the DD Form 254].

(End
of clause)

(f) The Contractor shall afford NASA, including the
Office of Inspector General, access to the Contractor’s and subcontractors’
facilities, installations, operations, documentation, databases and personnel
used in performance of the contract. Access shall be provided to the extent
required to carry out a program of IT inspection, investigation and audit to
safeguard against threats and hazards to the integrity, availability and
confidentiality of NASA data or to the function of computer systems operated on
behalf of NASA, and to preserve evidence of computer crime.

(g) The Contractor shall incorporate the
substance of this clause in all subcontracts that meet the conditions in
paragraph (a) of this clause.

(End of clause)

1852.208-81 Restrictions on Printing and Duplicating.

As prescribed in 1808.870, insert the
following clause:

RESTRICTIONS
ON PRINTING AND DUPLICATING

(OCTOBER
2001)

(a) The Contractor may duplicate or copy any
documentation required by this contract in accordance with the provisions of
the Government Printing and Binding Regulations, No. 26, S. Pub 101-9, U.S.
Government Printing Office, Washington, DC, 20402, published by the Joint
Committee on Printing, U.S. Congress.

(b) The Contractor shall not perform, or
procure from any commercial source, any printing in connection with the performance
of work under this contract.The term
"printing" includes the processes of composition, platemaking,
presswork, duplicating, silk screen processes, binding, microform, and the end
items of such processes and equipment.

(c) The Contractor is authorized to
duplicate or copy production units provided the requirement does not exceed
5,000 production units of any one page or 25,000 units in the aggregate of
multiple pages.Such pages may not
exceed a maximum image size of 10-3/4 by 14-1/4 inches.A "production unit" is one sheet,
size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink.

(d) This clause does not preclude writing,
editing, preparation of manuscript copy, or preparation of related illustrative
material as a part of this contract, or administrative duplicating/copying (for
example, necessary forms and instructional materials used by the Contractor to
respond to the terms of the contract).

(e) Costs associated with printing,
duplicating, or copying in excess of the limits in paragraph (c) of this clause
are unallowable without prior written approval of the Contracting Officer.If the Contractor has reason to believe that
any activity required in fulfillment of the contract will necessitate any
printing or substantial duplicating or copying, it immediately shall provide
written notice to the Contracting Officer and request approval prior to
proceeding with the activity.Requests
will be processed by the Contracting Officer in accordance with the provisions
of the Government Printing and Binding Regulations, NFS 1808.802, and NPG
1490.5, NASA Procedures and Guidelines for Printing, Duplicating, and Copying
Management.

(f) The Contractor shall include in each
subcontract which may involve a requirement for any printing, duplicating, and
copying in excess of the limits specified in paragraph (c) of this clause, a
provision substantially the same as this clause, including this paragraph (f).

(End of clause)

1852.209-70 Product Removal from Qualified
Products List.

As prescribed in 1809.206-71, insert the
following clause:

PRODUCT
REMOVAL FROM QUALIFIED PRODUCTS LIST

(DECEMBER
1988)

If, during the performance of this contract,
the product being furnished is removed from the Qualified Products List for any
reason, the Government may terminate the contract for Default pursuant to the
default clause of the contract.

(End
of clause)

1852.209-71 Limitation of Future
Contracting.

As prescribed in 1809.507-2, the contracting
officer may insert a clause substantially as follows in solicitations and
contracts, in compliance with FAR 9.507-2:

LIMITATION
OF FUTURE CONTRACTING

(DECEMBER
1988)

(a) The Contracting Officer has determined
that this acquisition may give rise to a potential organizational conflict of
interest.Accordingly, the attention of
prospective offerors is invited to FAR Subpart 9.5--Organizational Conflicts of
Interest.

(b) The nature of this conflict is [describe
the conflict].

(c) The restrictions upon future contracting
are as follows:

(1) If the Contractor, under the terms
of this contract, or through the performance of tasks pursuant to this
contract, is required to develop specifications or statements of work that are
to be incorporated into a solicitation, the Contractor shall be ineligible to
perform the work described in that solicitation as a prime or first-tier
subcontractor under an ensuing NASA contract.Thisrestriction shall remain in
effect for a reasonable time, as agreed to by the Contracting Officer and the
Contractor, sufficient to avoid unfair competitive advantage or potential bias
(this time shall in no case be less than the duration of the initial production
contract).NASA shall not unilaterally
require the Contractor to prepare such specifications or statements of work
under this contract.

(2) To the extent that the work under
this contract requires access to proprietary, business confidential, or
financial data of other companies, and as long as these data remain proprietary
or confidential, the Contractor shall protect these data from unauthorized use
and disclosure and agrees not to use them to compete with those other
companies.

(End
of clause)

1852.209-72 Composition of the Contractor.

As prescribed in 1809.670, insert the
following clause:

COMPOSITION
OF THE CONTRACTOR

(DECEMBER
1988)

If
the Contractor is comprised of more than one legal entity, each entity shall be
jointly and severally liable under this contract.

(End of clause)

SAFETY AND HEALTH PLAN

(SEPTEMBER 2001)

The offeror shall
submit a detailed safety and occupational health plan as part of its proposal

(see NPG 8715.3, NASA Safety Manual, Appendices).The plan must include a detailed discussion
of the policies, procedures, and techniques that will be used to ensure the
safety and occupational health of contractor employees and to ensure the safety
of all working conditions throughout the performance of the contract.The plan must similarly address safety and
occupational health for subcontractor employees for any proposed subcontract
whose value is expected to exceed $500,000, including commercial services and
services provided in support of a commercial item.Also, when applicable, the plan must address the policies, procedures,
and techniques that will be used to ensure the safety and occupational health
of: (1) the public, (2) astronauts and pilots, (3) the NASA workforce
(including other contractor employees working on NASA contracts), and (4)
high-value equipment and property.This
plan, as approved by the Contracting Officer, will be included in any resulting
contract.

(End of provision)

ALTERNATE I

(OCTOBER 2001)

As prescribed in
1823.7001(c), delete the first sentence of the basic provision and substitute
the following:

The apparent low bidder, upon
request by the Contracting Officer, shall submit a detailed safety and
occupational health plan (see NPG 8715.3, NASA Safety Manual, Appendices).The plan shall be submitted within the time
specified by the Contracting Officer.Failure to submit an acceptable plan shall make the bidder ineligible
for the award of a contract.

1852.223-74Drug- and alcohol-free workforce.

As prescribed in 1823.570-3, insert the
following clause:

DRUG- AND ALCOHOL-FREE WORKFORCE

(MARCH 1996)

(a) Definitions.As
used in this clause the terms"employee," "controlled
substance,""employee in a sensitive
position," and “use, in
violation of applicable law or Federal regulation, of alcohol” are as
defined in 48 CFR 1823.570-2.

(b)(1) The Contractor shall institute and
maintain a program for achieving a drug-and alcohol-free workforce.As a minimum, the program shall provide for
preemployment, reasonable suspicion, random, post-accident, and periodic
recurring (follow-up) testing of contractor

employees
in sensitive positions for use, in violation of applicable law or Federal
regulation, of alcohol or a controlled substance.The Contractor may establish its testing or rehabilitation
program in cooperation with other contractors or organizations.

(2) This clause neither prohibits nor
requires the Contractor to test employees in a foreign country.If the Contractor chooses to conduct such
testing, this clause does not authorize the Contractor to violate foreign law
in conducting such testing.

(3) The Contractor's program shall test
for the use of marijuana and cocaine.The Contractor's program may test for the use of other controlled
substances.

(4) The Contractor's program shall
conform to the "Mandatory Guidelines for Federal Workplace Drug Testing
Programs" published by the Department of Health and Human Services (59 FR
29908, June 9, 1994) and the procedures in 49 CFR part 40, "Procedures for
Transportation Workplace Drug Testing Programs," in which references to
"DOT" shall be read as "NASA", and the split sample method
of collection shall be used.

(c)(1)The Contractor's program shall provide, where appropriate, for the
suspension, disqualification, or dismissal of any employee in a sensitive
position in any instance where a test conducted and confirmed under the
Contractor's program indicates that such individual has used, in violation of
applicable law or Federal regulation, alcohol or a controlled substance.

(2) The Contractor's program shall
further prohibit any such individual from working in a sensitive position on a
NASA contract, unless such individual has completed a program of rehabilitation
described in paragraph (d) of this clause.

(3) The Contractor's program shall
further prohibit any such individual from working in any sensitive position on
a NASA contract if the individual is determined under the Contractor's program
to have used, in violation of applicable law or Federal regulation, alcohol or
a controlled substance and the individual meets any of the following criteria:

(i) The individual had undertaken or
completed a rehabilitation program described in paragraph (d) of this clause
prior to such use;

(ii) Following such determination,
the individual refuses to undertake such a rehabilitation program;

(iii) Following such determination,
the individual fails to complete such a rehabilitation program; or

(iv) The individual used a
controlled substance or alcohol while on duty.

(d) The Contractor shall institute and
maintain an appropriate rehabilitation program which shall, as a minimum,
provide for the identification and opportunity for treatment of employees whose
duties include responsibility for safety-sensitive, security, or National
security functions who are in need of assistance in resolving problems with the
use of alcohol or controlled substances.

(e) The requirements of this clause shall
take precedence over any state or local Government laws, rules, regulations,
ordinances, standards, or orders that are inconsistent with the requirements of
this clause.

(f) For any collective bargaining agreement,
the Contractor will negotiate the terms of its program with employee
representatives, as appropriate, under labor relations laws or negotiated
agreements.Such negotiation, however,
cannot change the requirements of this clause.Employees covered under collective bargaining agreements will not be
subject to the requirements of this clause until those agreements have been
modified, as necessary; provided, however, that if one year after commencement
of negotiation the parties have failed to reach agreement, an impasse will be
determined to have been reached and the Contractor will unilaterally implement
the requirements of this clause.

(g) The Contractor shall insert a clause
containing all the terms of this clause, including this paragraph (g), in all
subcontracts in which work is performed by an employee in a sensitive position,
except subcontracts for commercial items (see FAR parts 2 and 12).

(End of clause)

1852.223-75 Major
Breach of Safety or Security.

As prescribed in 1823.7001(d), insert the following clause:

MAJOR BREACH OF SAFETY OR SECURITY

(MAY 2001)

(a)Safety is the freedom from
those conditions that can cause death, injury, occupational

(End of clause)

1852.242-77 Modified Cost
Performance Report Plans.

As prescribed in 1842.7402(c), insert the following
provision;

MODIFIED COST PERFORMANCE PLANS

(MARCH 1999)

(a)The offeror shall submit in its proposal a
written summary of the management procedures it will establish, maintain, and
use in the performance of any resultant contract to comply with the
requirements of the clause at 1852.242-76, Modified Cost Performance Report.

(b)The offeror may propose to use a
cost/schedule control system that has been recognized by the cognizant
Administrative Contracting Officer as:

(2) Conforming with the full
intentions of the guidelines presented in ANSI/EIA Standard 748, Industry
Guidelines for Earned Value Management Systems.

In such cases, the offeror may submit a copy of the
documentation of such recognition instead of the written summary required by
paragraph (a) of this provision.

(End of provision)

1852.242-78 Emergency
Medical Services and Evacuation.

As prescribed in
1842.7003, insert the following clause:

EMERGENCY MEDICAL SERVICES AND
EVACUATION

(APRIL 2001)

The Contractor
shall, at its own expense, be responsible for making all arrangements for
emergency medical services and evacuation, if required, for its employees while
performing work under this contract outside the United States or in remote
locations in the United States.If
necessary to deal with certain emergencies, the Contractor may request the
Government to provide medical or evacuation services.If the Government provides such services, the Contractor shall
reimburse the Government for the costs incurred.

(End of clause)

1852.243-70Engineering Change Proposals.

As
prescribed in 1843.205-70(a)(1), insert the following clause, modified to suit
contract type:

ENGINEERING CHANGE PROPOSALS

(OCTOBER 2001)

(a)Definitions.

“ECP” means an Engineering Change Proposal (ECP) which is a proposedengineering change and the documentation by
which the change is described, justified, and submitted to the procuring
activity for approval or disapproval.

(b)Either party to the contract may originate ECPs.Implementation of an approved ECP may occur
by either a supplemental agreement or, if appropriate, as a written change
order to the contract.

(c)Any ECP submitted to the Contracting Officer
shall include a "not-to-exceed"
[price or estimated cost] increase or decrease adjustment amount, if any, and
the required [time of delivery or period of performance]adjustment,ifany,acceptableto the originator of the ECP.If
the change is originated within the Government, the Contracting Officer shall
obtain a written agreement with the contractor regarding the
"not-to-exceed"
[price or estimated cost] and[delivery
or period of performance]adjustments,
if any, prior to issuing an order for implementation of the change.

(d)After submission of a contractor initiated
ECP, the contracting officer may require the contractor to submit the following
information:

(1)
Cost or pricing data in accordance with FAR 15.403-5 if the proposed change
meets the criteria for its submission under FAR 15.403-4; or

(2)
Information other than cost or pricing data adequate for contracting officer
determination ofprice reasonableness
or cost realism.The contracting
officer reserves the right to request additional information if that provided
by the contractor is considered inadequate for that purpose.If the contractor claims applicability of
one of the exceptions to submission of cost or pricing data, it shall cite the
exception and provide rationale for its applicability.

(e) If
the ECP is initiated by NASA, the contracting officer shall specify the cost
information requirements, if any.

(End of clause)

ALTERNATE I

(JULY 1997)

As prescribed in 1843.205-70(a)(2),
add the following paragraph (f), modified to suit contract type, to the basic
clause:

(f)If the ___ [price or estimated cost] adjustment proposed for any
Contractor-originated ECP is ___ [insert a percent or dollar amount of the contract
price or estimated cost] or less, the ECP shall be executed with no adjustment
to the contract ___ [price or estimated cost].

ALTERNATE II

(SEPTEMBER 1990)

As
prescribed in 1843.205-70(a)(3), add the following sentence at the end of
paragraph (c) of the basic clause:

An ECP accepted in accordance with the
Changes clause of this contract shall not be considered an authorization to the
Contractor to exceed the estimated cost in the contract Schedule, unless the
estimated cost is increased by the change order or other contract modification.

1852.243-71 Shared
Savings.

As prescribed in 1843.7102, insert the
following clause:

SHARED SAVINGS

(MARCH 1997)

(a) The Contractor is entitled, under the
provisions of this clause, to share in cost savings resulting from the
implementation of cost reduction projects which are presented to the Government
in the form of Cost Reduction Proposals (CRP) and approved by the Contracting
Officer.These cost reduction projects
may require changes to the terms, conditions or statement of work of this
contract.Any cost reduction projects
must not change the essential function of